Tag Archives: law enforcement

House Public Education Committee hears 35 bills on school safety

On Tuesday, March 26, 2019, the House Public Education Committee heard 35 bills on various issues related to school safety. Some bills focused on student-centered measures such as mental health supports and counseling services; some focused on administrative structures such as threat assessment teams and trauma-informed care policies; some focused on school hardening and increasing the presence of law enforcement in schools; and a few focused on funding.

Those who testified during the lengthy hearing yesterday tended to fall into three camps. Those with an interest in mental health, counseling, educational equity, and disability rights overwhelmingly supported bills that focus on the care of students, citing research that shows these intervention methods work to make schools safer. Other testifiers were interested in gun rights aspects of the bills and either wanted to ensure that the Second Amendment was upheld in school safety policies or wanted to keep increased levels of firearms out of schools. Lastly, some witnesses, such as those representing school districts, expressed the long-term needs for both school-hardening structural changes and programmatic and service changes relating to counseling, mental health, and emotional health.

North East ATPE President Laura Herrera testified in support of a school safety bill during the House Public Education Committee hearing on March 26, 2019.

Rep. Greg Bonnen’s (R-Friendswood and the Speaker’s brother) House Bill (HB) 17 was the largest bill of the day and incorporated many of the concepts that other bills on the agenda also offered. Rep. Bonnen shared a newer version of his bill with the committee that would do the following:

  • Allow the Commissioner of Education to create rules on best practices for safe and secure facilities.
  • Require local mental health authorities (LMHAs) to employ a non-physician mental health professional as a resource for school districts.
  • Require that a trauma-informed care policy be included in school district improvement plans and address awareness and implementation of trauma-informed practices through TEA-approved training for new employees (which may also be incorporated into staff development).
  • Create an exception for minimum minutes of operation so that educators can attend a school safety training course.
  • Require multi-hazard emergency operations plans to incorporate the work of the Texas School Safety Center (TxSSC) and follow stringent preparedness guidelines. District multi-hazard plans would be reviewed and districts would be given a chance to make corrections. If districts fail to submit or correct the plan, they would be subject to conservatorship, just as with accountability sanctions.
  • Require a district that receives notice of noncompliance for their security and safety audit or their multi-hazard plan to hold a public hearing and provide information to the public.
  • Require that school safety and security committee participants include a variety of new individuals, including law enforcement representatives, a teacher, and parents.
  • Establish threat assessment teams for each campus, which would be responsible for determining the appropriate method of assessment and intervention, as well as identifying and reporting students who risk a serious threat of violence to others or themselves. The TxSSC must create model threat assessment team policies and procedures, including procedures for the referral of a student to an LMHA, health care provider, or special education evaluation.
  • Create a “school safety allotment” at an unspecified amount to be used to improve school safety and security through school facilities and technology, law enforcement and school marshals, and training and planning (including prevention such as mental health personnel).
  • Allow bonds to be issued for retrofitting school buses or purchasing/retrofitting other vehicles for safety or emergency purposes.

ATPE did not testify orally on any of the bills heard yesterday, but did register a position in support of the following bills:

  • HB 1312 (Moody, D-El Paso): Would allow a district to contract with a LMHA to provide mental health services. The Human Health and Services Commission (HHSC) would let school districts enroll as providers so that they can receive Medicaid reimbursements for providing the services.
  • HB 1496 (Metcalf, et al., R-Conroe): Would require law enforcement officials who learn of a school violence threat to let the superintendent know as soon as possible. The superintendent would then notify appropriate personnel.
  • HB 1754 (Bonnen, G., et al., R-Friendswood): Would create a $50 per student “school safety allotment” that can be used for school hardening and prevention and treatment programs for addressing adverse childhood experiences.
  • HB 2511 (Allen, D-Houston): Would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents.
  • HB 2994 (Talarico, et al., D-Round Rock): Would require the commissioner to develop mental health training materials for school districts to use. The commissioner must consult with teachers and mental health professionals and make the training available through various methods.
  • HB 3411 (Allison, R-San Antonio): Would amend the list of programs created by TEA, the Department of State Health Services (DSHS), and Education Service Centers (ESCs) to include programs and practices in early mental health and substance abuse prevention and intervention, positive school climate, and suicide prevention, intervention, and postvention (healing). The suicide prevention programs should include components that prepare personnel to assist students in returning to school following a mental health concern or suicide attempt. The bill would require districts to develop practices and procedures regarding the programs on the list.

The following bills were also heard by the committee:

  • HB 366 (González, M., D-Clint): Would direct the State Board of Education (SBOE) to adopt age-appropriate and accurate Texas Essential Knowledge and Skills (TEKS) related to relationship, communication, and decision-making skills.
  • HB 567 (Capriglione, R-Southlake): Would adjust a district’s wealth per student by deducting revenue spent on campus security during the previous year.
  • HB 734 (Huberty, R-Humble): Would allow board members and superintendents to carry a concealed or open handgun to a board meeting.
  • HB 876 (Allen, et al., D-Houston): Would require ALL districts with district police or school resource officers (SROs) to adopt a training policy. Current law only applies to districts with 30,000 or more students.
  • HB 973 (Metcalf, et al., R-Conroe): Would require that the TxSSC report to TEA on district non-compliance with certain safety requirements and allow TEA to impose a penalty up to the amount of the superintendent’s salary.
  • HB 974 (Metcalf, et al., R-Conroe): Would change the cycle of the safety and security audit from three to two years and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 975 (Metcalf, et al., R-Conroe): Would require trustees to complete school safety training, as developed by the SBOE and the Texas School Safety Center.
  • HB 976 (Metcalf, et al., R-Conroe): Would require trustees and charter school governing board members to complete school safety training and make charters subject to certain safety requirements. The bill also establishes an emergency management coordinator for each district to lead the security and safety committee and creates threat assessment teams.
  • HB 1026 (Bohac, R-Houston): Would require the SBOE to incorporate character trait instruction  into the K-12 TEKS. Adds “gratitude” to the existing list of character traits under current law and requires each school district and charter to adopt a character education program and submit it to TEA. The agency would collect data and designate “Character Plus Schools” that demonstrate a correlation between the program and increase in attendance and decrease in discipline.
  • HB 1106 (Swanson, R-Spring): Would eliminate the current cap on school marshals (not more than the greater of one per 200 students or one per building on each campus) for public and private schools.
  • HB 1143 (Hefner, R-Mount Pleasant): Would prevent districts and charters from regulating the manner in which guns or ammunition are stored in vehicles on school property for those who hold a license to carry.
  • HB 1387 (Hefner, R-Mount Pleasant): Would allow an increase in school marshals by changing the ratio from one marshal per 200 students down to one marshal per 100 students for public and private schools.
  • HB 1467 (Talarico, et al., D-Round Rock): Would mandate ratios of mental health professionals to law enforcement based on school district size, decreasing the ratio for smaller districts, and allow districts to request a TEA waiver if they can’t comply. The waiver would require districts to document that they tried to hire mental health professionals and require that law enforcement complete training.
  • HB 1471 (Darby, R-San Angelo): Would allow, under an optional board policy, veterans and retired law enforcement to volunteer to provide security services and carry a handgun at schools. The program would be included in the district’s multi-hazard emergency operations plan and include training for each volunteer.
  • HB 1623 (Coleman, D-Houston): Would update staff development to require training on trauma-informed practices, which, in addition to suicide prevention training, would have to take place at least once every five years. The bill would update the list of programs that DSHS, TEA, and ESCs create to specify that trauma-informed practices must include training on recognizing trauma in students; recognizing warning signs such as lowered academic performance, depression, isolation; and, learning to intervene effectively. It would make charters subject to the new requirements, require reporting to TEA on the number of personnel trained, and withhold funds for mental health supports if a district or charter doesn’t report.
  • HB 1640 (Martinez, D-Weslaco): Would create a life skills pilot program on each high school campus in certain counties.
  • HB 1825 (Cortez, D-San Antonio): Would require information shared by law enforcement with a superintendent on student offenses to include whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
  • HB 1959 (Hefner, R-Mount Pleasant): Would allow those with a license to carry to have their firearm/ammunition in the parking lot for a private school.
  • HB 2195 (Meyer, R-Dallas): Would require an active shooter emergency policy to be included in a school district’s multi-hazard emergency operations plan.
  • HB 2653 (Rosenthal, D-Houston): Would require the establishment of threat assessment teams in charter schools and public school districts.
  • HB 2654 (Rosenthal, D-Houston): For new construction, would require a school district to follow building standards that include a key-less lock on each entrance, narrow classroom door windows, window coverings, a PA system, and security cameras. Charters would also be subject to the regulations for new buildings. The bill would require live feed from the cameras to be available to police, testing the PA system regularly, and storing an active shooter medical kit. School districts wouldn’t be able to seek bond guarantees without following the standards.
  • HB 2655 (Rosenthal, D-Houston): Would require an active shooter protocol to be included in the multi-hazard emergency operations plan and that school law enforcement complete an active shooter training.
  • HB 2997 (Talarico, et al., D-Round Rock): A newer version of the bill offered by its author in yesterday’s hearing would extend suicide prevention training to all school employees and require districts and charters to provide the training once every four years.
  • HB 3018 (Allison, R-San Antonio): Calls for the SBOE to require districts to incorporate digital citizenship instruction into its curriculum, which includes healthy online behavior.
  • HB 3235 (Ramos, D-Richardson): Would require suicide prevention training at least once every two years. Current law leaves the frequency of the training up to TEA, which has determined that employees only have to complete it once.
  • HB 3290 (Toth, R-Woodlands): Would require districts to include a special threat response policy in their multi-hazard emergency operations plan, as coordinated with an emergency services agency. The policy must use “standard nomenclature,” conduct annual drills, be submitted to the commissioner and director of public safety, include protocols for law enforcement, and be consented to by each emergency services agency.
  • HB 3470 (Allen, D-Houston): Would allow the Texas School for the Deaf and school districts to engage with law enforcement for the provision of school resource officers. Outlines that school boards must determine the duties of the school law enforcement and include these in certain documents. The bill would prohibit these individuals from engaging in routine student discipline duties, school administrative tasks, or contact with students not related to law enforcement.
  • HB 3718 (Parker, et al., R-Flower Mound): Would require a trauma-informed care policy to be included in the district improvement plan. The policy should increase staff and parent awareness of trauma-informed care, implement trauma-informed practices, and address available counseling options for students. The training used to implement the policy should be provided through evidence-based programs for new and existing employees. Districts must maintain the names of those who complete the training and make a reasonable effort to partner with a community organization to provide free training if they don’t have the resources.

Next week, House Bill 3, Rep. Dan Huberty’s big school finance bill, heads to the House floor for debate. Considering the large number of legislators in the House who have signed on to the bill, it is expected to pass easily. However, floor debate opens up the bill to amendments that could change it. Follow @TeachtheVote and the ATPE lobbyists on Twitter (@ATPE_AndreaC, @ATPE_MontyE, @MarkWigginsTX, @ATPE_JenniferM) and continue reading our blog posts here for updates!

Police, architects testify in Senate school safety hearing

The Senate Select Committee on Violence in Schools and School Security began its first hearing Monday with a moment of silence for the victims of school shootings. Chaired by Senate Education Committee Chair Larry Taylor (R-Friendswood), the select committee was assigned by Lt. Gov. Dan Patrick after Gov. Greg Abbott released a list of school safety proposals, many of which would require legislative action.

The select committee is composed of six Republicans and three Democrats, and is scheduled to meet Monday and Tuesday to discuss potential ways to prevent future school shootings like the one in Santa Fe, Texas. Monday’s agenda included considering testimony on the following:

“Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Texas Education Agency (TEA) Commissioner Mike Morath was the first witness invited to testify, and briefed members on steps the agency has taken to improve school safety. Morath noted that Santa Fe ISD was in fact one of 186 districts that received a special designation for going above and beyond school safety requirements. The commissioner added the agency has secured $62 million in additional federal funding under the Every Student Succeeds Act (ESSA), which it is directing toward school safety. Morath noted that TEA lacks the authority to implement many of the governor’s proposals without specific instructions from the legislature. The state will also compete for a fraction of $75 million available through a nationally competitive grant from the U.S. Department of Justice.

State Sen. Charles Schwertner (R-Georgetown) discussed legislation he passed during the 2017 legislative session to provide training for school staff to identify students who may be experiencing or at risk of a mental health crisis. Sen. John Whitmire (D-Houston) expressed interest in this idea, albeit while expressing a concern that students’ private mental health records remain confidential. Sen. Royce West (D-Dallas) asked members to evaluate the current state of mental health services in Texas and consider whether adequate resources are in place.

Asked by Sen. Brandon Creighton (R-Conroe) whether the legislature should expand the agency’s authority to implement some of the governor’s proposals, Morath hesitated to offer an opinion. The commissioner ultimately stated that TEA is weak both in terms of capacity and regulatory authority when it comes to school safety. Morath testified TEA has only one quarter of one full-time equivalent staff member dedicated to school safety.

State Sen. Eddie Lucio, Jr. (D-Brownsville) suggested that local school boards are too fractious to make many school safety decisions, and suggested that TEA study the cost of implementing airport-style checkpoints in schools statewide.

The next invited witness was Christopher Huckabee, who chairs the Texas Society of Architects School Safety Workgroup. Huckabee explained how campus architecture has changed in response to school shootings going back to Columbine, such as efforts to push the public back from campus buildings and direct visitors through a single entrance. Huckabee testified that fire codes are very specific when it comes to having multiple entrances and exits for students and staff. He explained, “Even the best hardened campus are not perfect scenarios in this regard.” Chairman Taylor suggested that fire codes may need to be revisited, and the focus may need to shift away from fire safety. Sen. West asked about distinguishing between fire alarms and lockdown alarms, and Huckabee suggested schools could use an app to communicate emergency alerts via mobile devices.

Sen. Joan Huffman (R-Houston) contended that implementing metal detectors is the only surefire way to prevent guns from being brought into schools in the first place. Huckabee stated the challenge to districts would primarily be one of resources, and warned students may still find ways to get around metal detectors. Chair Taylor pointed out that congestion resulting from metal detectors may create a new potential target in a large group of students awaiting entry.

San Antonio ISD Police Chief Joe Curiel led off a panel of law enforcement officers, and testified with regard to training and procedures currently in place. Chief Curiel mandated child crisis intervention training (CCIT) for all SAISD officers, which involves talking with students and building relationships in order to identify potential issues early on. Chief Curiel testified he believes identifying potential shooters is all about human intelligence.

Chair Taylor asked about the ability of law enforcement to track students’ social media accounts. Chief Curiel indicated that an officer is dedicated to assessing social media posts, but not necessarily monitoring all accounts.

Sen. Lucio asked Chief Curiel his position on whether teachers should carry guns, and how officers would respond if they encountered an armed teacher during an active shooting. Chief Curiel indicated he is neutral on the issue, but warned that “things could go wrong” if officers encountered someone who is armed when the shooter had not been identified yet. The chief also cautioned against viewing metal detectors as the sole solution, and repeated that human intelligence is the key.

“We can fortify our campuses all we want, but that does not guarantee a weapon will not be carried in,” said Chief Curiel.

Sen. Creighton pushed Chief Curiel for a firmer answer on whether adding armed teachers to the mix would save lives, providing that they were well-trained and potentially from a military or law enforcement background. Chief Curiel repeated his concern that responding officers, in particular those who don’t work at the school, would not immediately know the difference between the teacher and the active shooter.

“Having people armed within the campus would have to require a lot of training and the coordination effort that takes place when a situation like that takes place,” said Chief Curiel.

Pressed by Sen. Kelly Hancock (R-North Richland Hills) to take a position on whether the potential of facing armed staff would be more of a deterrent than the baseline prohibition against firearms other than those carried by law enforcement officers, Chief Curiel stated that an individual who has determined to carry out a school shooting is not in a rational mental state and would likely make their decision without regard to district firearm policy. Chief Curiel emphasized that the department is neutral on the issue of arming teachers, and would adjust their policies and procedures to accommodate any decision the local board of trustees decides to take.

Midway ISD School Resource Officer Jeff Foley testified on the behalf of the Texas Association of School Resource Officers, and told members that programs to arm teachers, such as the school marshals program, may be beneficial to rural districts where law enforcement may not be able to quickly respond. On the other hand, he expressed concern over such programs in urban and suburban schools that have law enforcement personnel assigned to the campus.

Mike Matranga, Executive Director for Security and School Safety at Texas City ISD, said no school can be 100 percent secured. More importantly, he said, is addressing students’ mental health needs. Matranga indicated he believes the larger issue is one of weakening social values, a lack of personal responsibility and children lacking appropriate avenues to channel their frustration. Matranga suggested that many civilian school boards lack the expertise to make the most informed decisions regarding school security, and opined that hiring an additional police officer would be better than a school marshal. Matranga contended teachers play a different, albeit equally important, role.

“Our teachers are our first line of defense,” said Matranga, emphasizing the role of teachers in identifying kids who are having problems. Yet pointing to the state of school funding, Matranga acknowledged that the state is asking teachers to do more each year without adequate compensation.

Public testimony began with metal detector industry respresentatives. Their testimony focused on the real and perceived benefits of metal detectors, such as their potential to discourage potential criminals. One witness argued that x-ray machines are a larger cause of congestion than metal detectors, which can come in the form of either walkthrough units or handheld wands. The speed of detection can vary depending upon sensitivity and the procedure used for checking people who set off alerts.

The committee will meet again Tuesday morning to consider the following charge:

“Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Members will hear invited testimony on these topics, and members of the public will be limited to two minutes of testimony.

Abbott outlines school shooting response plan

Texas Governor Greg Abbott unveiled his school safety action plan Wednesday in response to the deadly school shooting in Santa Fe, Texas. The 40-page plan, which can be read in its entirety on the governor’s website, is the end product of three roundtable discussions held last week in Austin which included shooting survivors, school administrators and activists on both sides of the gun control debate.

“No one provided a more powerful voice for those strategies than the victims themselves,” Abbott told reporters gathered in Dallas for the announcement.

“I am so proud and inspired by their strength and resiliency,” Abbott added. In summing up the roundtable discussions, the governor concluded, “There seems to be a consensus about the need to act.”

Abbott summarized the elements of his plan as ideas that could be put in place before the next school year begins. According to governor, this includes $70 million in funds to which the state already has access, as well as $40 million in federal funds from the Consolidated Appropriations Act of 2018 for which the state can compete. Altogether, Abbott claimed this adds up to $120 million in funds that do not require a legislative appropriation.

A crisis response team consisting of counselors from the National Organization of Victim Assistance (NOVA) has been deployed to Santa Fe, and the governor’s Criminal Justice Division (CJD) has an open reimbursement application. CJD grant funding is also available for costs associated with long-term behavioral health response by the Texas Health and Human Services Commission (HHSC). The state has already secured a $1 million grant from the U.S. Department of Education for mental health services, teacher overtime, security staff and substitutes for Santa Fe ISD.

Many of the governor’s plan would require legislative action. Gov. Abbott is suggesting the state consider offering a $10,000 matching grant to schools that draw down federal funds to help pay for additional law enforcement on campus. Abbott also recommends a state policy authorizing schools to prioritize retired law enforcement officers and military veterans to serve as school resource officers.

Gov. Abbott quoted one student who said during the roundtable discussion, “Arming teachers and not knowing who is armed, that is what we need.”

Accordingly, the governor’s plan calls for increasing the number of “school marshals” – armed school personnel who have completed a specialized law enforcement training program – on public school campuses. To do so, Abbott is asking the Texas Legislature to direct funding to be used for additional training this summer at no charge to districts, as well as act to double to number of marshals allowed per campus to one for every one hundred students, up from one for every two hundred students under the current law. The plan also calls for the Texas Education Agency (TEA) to issue a letter encouraging administrators to identify personnel to participate in the program. Additionally, Abbott is asking lawmakers to reduce the training required to be a marshal and to change the current requirement that marshals keep their firearms stored in a safe to instead allow them to keep firearms on their persons.

In a nod to local control, Gov. Abbott noted that the plan does not mandate school marshals, and acknowledged that some schools will not adopt the program.

“We understand that when it comes to education, one size simply does not fit all,” Abbott told reporters.

The governor’s plan recommends expanding the state’s active shooter training through the Advanced Law Enforcement Rapid Response Training (ALERRT) program, and CJD has provided a $1.25 million grant to offer the program free of charge to participating school districts and charter schools for the remainder of the calendar year.

In his remarks to media, the governor proposed reducing the number of entrances and exits in order to “harden” school campuses. This has already been incorporated into the design of many schools built following the Columbine shooting in 1999, and has significant implications regarding fire safety. The written plan recommends actions such as installing metal detectors and controlling access to campus facilities. The plan also calls for installing active shooter alarm systems separate and different from fire alarm systems.

The TEA will direct $62 million in additional federal funds under the Student Support and Academic Enrichment (SSAE) grant program to districts for improving campus safety, such as metal detectors as well as mental health programs.

Gov. Abbott spoke of the need to prevent people from becoming shooters in the first place, and recommended doing so by expanding the Telemedicine Wellness Intervention Triage and Referral (TWITR) project headed up by Texas Tech University, which current being utilized by ten different school districts to identify potential threats before they manifest. Abbott is asking lawmakers to provide $20 million to expand program further, eventually making it statewide.

In order to further prevent threats from turning into violence, Abbott recommends expanding campus crime stopper programs. The plan aims to make it easier for students to anonymously report suspicious behavior through an upgraded mobile app called iWatch Texas, which will is scheduled to launch June 7. Concomitant with this, Abbott recommends increasing the number of fusion centers that identify threats that appear on social media in order to allow law enforcement to intervene before an event occurs.

Abbott further suggested allowing educators to remove threatening students from the classroom through a zero-tolerance policy for students who commit assault. Noting that the 85th Texas Legislature passed a law removing teachers who assault students, the governor is now asking legislators for a law removing students who assault teachers.

The governor also outline a number of steps aimed to enhance gun safety.

“I can assure you, I will never allow second amendment rights to be infringed, but I will always promote responsible gun ownership,” said Abbott.

The governor pointed to current law requiring gun owners to safely store firearms from children under the age of 17. Because the Santa Fe shooter was 17 years old, his parents cannot be criminally charged under this statute. Gov. Abbott suggested lawmakers change the law to apply to “children 17 years of age and younger.”

Furthermore, the governor advocates requiring gun owners report lost or stolen firearms to police, and requiring courts report mental health adjudications within 48 hours, instead of the current 30 days, in order to prevent mentally ill people from purchasing firearms. Gov. Abbott is asking lawmakers to consider mental health protective order procedures that would allow family or law enforcement to remove firearms from the home of someone who has proven to be a danger to themselves and others. This would be accomplished in a manner respectful of due process, and for a specified period of time.

Gov. Abbott concluded by listing his top recommendation as greater investment in mental health, especially in crisis intervention counselors. Abbott called the plan outlined Wednesday “a starting point, not an ending place.”

The governor disclosed he will soon be participating in a program to educate the public about safe storage and use of gun locks, as well as pursuing a grant program to provide $1 million for 100,000 free gun locks.

Asked what must change over the summer, Gov. Abbott answered that schools must ramp up personnel and strategies to show a greater law enforcement presence. Additionally, the governor said schools should focus on active shooter training, going back over school safety plans and look into implementing TWITR program.

Questioned about calls from a handful of lawmakers for a special session this summer focused on school shootings, Gov. Abbott told reporters he remains open to calling one if there is a consensus of legislators in favor of passing specific legislation. Abbott also correctly noted the constraints of the legislative process would make any laws passed in a special session unlikely to take effect before the next school year begins.