Tex. Educ. Code Section 37.108
Multihazard Emergency Operations Plan; Safety and Security Audit


(a)

Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district’s facilities. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor’s office of homeland security, the commissioner of education, and the commissioner of higher education. The plan must provide for:

(1)

training in responding to an emergency for district employees, including substitute teachers;

(2)

measures to ensure district employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;

(3)

measures to ensure district communications technology and infrastructure are adequate to allow for communication during an emergency;

(4)

if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114 (Best Practices for Emergency School Drills and Exercises; Mandatory School Drills), to prepare district students and employees for responding to an emergency;

(5)

measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency;

(6)

the implementation of a safety and security audit as required by Subsection (b); and

(7)

any other requirements established by the Texas School Safety Center in consultation with the agency and relevant local law enforcement agencies.

(b)

At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district’s facilities. A district, or a person included in the registry established by the Texas School Safety Center under Section 37.2091 (Registry of Persons Providing School Safety or Security Consulting Services) 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.

(b-1)

In a school district’s safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school safety allotment under Section 48.115 (School Safety Allotment) only for the purposes provided by that section.

(c)

A school district or public junior college district shall report the results of the safety and security audit conducted under Subsection (b) to the district’s board of trustees and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center. The report provided to the Texas School Safety Center under this subsection must be signed by:

(1)

for a school district, the district’s board of trustees and superintendent; or

(2)

for a public junior college district, the president of the junior college district.

(c-1)

Except as provided by Subsection (c-2), any document or information collected, developed, or produced during a safety and security audit conducted under Subsection (b) is not subject to disclosure under Chapter 552 (Public Information), Government Code.

(c-2)

A document relating to a school district’s or public junior college district’s multihazard emergency operations plan is subject to disclosure if the document enables a person to:

(1)

verify that the district has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the district to respond to an emergency, including the Department of State Health Services, local emergency services agencies, law enforcement agencies, health departments, and fire departments;

(2)

verify that the district’s plan was reviewed within the last 12 months and determine the specific review dates;

(3)

verify that the plan addresses the five phases of emergency management under Subsection (a);

(4)

verify that district employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;

(5)

verify that each campus in the district has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;

(6)

if the district is a school district, verify that the district has established a plan for responding to a train derailment if required under Subsection (d);

(7)

verify that the district has completed a safety and security audit under Subsection (b) and determine the date the audit was conducted, the person conducting the audit, and the date the district presented the results of the audit to the district’s board of trustees;

(8)

verify that the district has addressed any recommendations by the district’s board of trustees for improvement of the plan and determine the district’s progress within the last 12 months; and

(9)

if the district is a school district, verify that the district has established a visitor policy and identify the provisions governing access to a district building or other district property.

(d)

A school district shall include in its multihazard emergency operations plan a policy for responding to a train derailment near a district school. A school district is only required to adopt the policy described by this subsection if a school district facility is located within 1,000 yards of a railroad track, as measured from any point on the school’s real property boundary line. The school district may use any available community resources in developing the policy described by this subsection.

(e)

A school district shall include in its multihazard emergency operations plan a policy for school district property selected for use as a polling place under Section 43.031 (Polling Place in Public Building), Election Code. In developing the policy under this subsection, the board of trustees may consult with the local law enforcement agency with jurisdiction over the school district property selected as a polling place regarding reasonable security accommodations that may be made to the property. This subsection may not be interpreted to require the board of trustees to obtain or contract for the presence of law enforcement or security personnel for the purpose of securing a polling place located on school district property. Failure to comply with this subsection does not affect the requirement of the board of trustees to make a school facility available for use as a polling place under Section 43.031 (Polling Place in Public Building), Election Code.

(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;

(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 (Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention);

(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 (School Safety and Security Committee);
(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 (School Safety and Security Committee) and the date of each committee meeting during the preceding year; and

(9)

certification that the district is in compliance with Section 37.117 (Silent Panic Alert Technology).

(g)

A school district shall include in its multihazard emergency operations plan a policy for responding to an active shooter emergency. The school district may use any available community resources in developing the policy described by this subsection.

(h)

The Texas School Safety Center and the agency shall provide school safety-related data collected by the center or agency to each other on request.
Added by Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1326 (S.B. 1504), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.01, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.02, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 809 (H.B. 332), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 10, eff. June 6, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 1, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 16, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.010, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 1, eff. June 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 12, eff. September 1, 2023.

Source: Section 37.108 — Multihazard Emergency Operations Plan; Safety and Security Audit, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­108 (accessed Mar. 16, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.0011
Use of Corporal Punishment
37.011
Juvenile Justice Alternative Education Program
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.0013
Positive Behavior Program
37.013
Coordination Between School Districts and Juvenile Boards
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.023
Transition from Alternative Education Program to Regular Classroom
37.0023
Prohibited Aversive Techniques
37.051
Establishment
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.052
Cooperative Programs
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.082
Possession of Paging Devices
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.151
Definitions
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Mar. 16, 2024

§ 37.108’s source at texas​.gov