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CKC (TSBVI) Safety Program/Risk Management: Emergency Plans

NOTICE OF BOMB THREAT OR TERRORISTIC THREAT

When TSBVI receives a bomb threat or terroristic threat relating to a campus or other facility at which students are present, it shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable. Education Code 37.113

NOTICE REGARDING VIOLENT ACTIVITY

The Texas Education Agency (TEA) shall develop model standards for providing notice regarding violent activity that has occurred or is being investigated at a campus or other school facility or at a school-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. TSBVI shall adopt a policy for providing this notice in a manner that meets TEA standards. Education Code 37.1131

EMERGENCY RESPONSE MAP AND WALK-THROUGH

TSBVI shall provide to the Department of Public Safety (DPS) and all appropriate local law enforcement agencies and emergency first responders:

  1. An accurate map of each campus and school building that is developed and documented in accordance with the standards described by Education Code 37.351 related to developing site and floor plans, access control, and exterior door numbering; and
  2. An opportunity to conduct a walk-through of each campus and school building using the map. Education Code 37.117

EMERGENCY OPERATIONS PLAN

TSBVI shall adopt and implement a multi-hazard emergency operations plan. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center (TxSSC) in conjunction with the governor’s office of homeland security and the commissioner. The plan must provide for:

  1. TSBVI employee training (including substitute teachers) in responding to an emergency;
  2. Measures to ensure TSBVI employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with TSBVI emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;
  3. Measures to ensure TSBVI communications technology and infrastructure are adequate to allow for communication during an emergency;
  4. Mandatory school drills and exercises, including drills required under Education Code 37.114 (emergency evacuations), to prepare TSBVI students and employees for responding to an emergency;
  5. Measures to ensure coordination with the Texas Department of State Health Services (TDSHS) and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; [see Policy CKB]
  6. The implementation of a required safety and security audit, and [See Policy CKA]
  7. Any other requirement established by TxSSC in consultation with TEA and relevant local law enforcement agencies.

Education Code 37.108(a)

TSBVI shall include in its multi-hazard 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 these provisions by the Texas Education Agency (TEA) or TxSSC;
  3. Provisions for ensuring that students and School personnel with disabilities are provided equal access to safety during a disaster or emergency situation;
  4. 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;
  5. Provisions for supporting the psychological safety of students, School personnel, and the community during the response and recovery phase following a disaster or emergency situation that:
    1. Are aligned with best practice-based programs and research-based practices recommended under Education Code 38.351;
    2. 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;
    3. Include training on integrating psychological safety and suicide prevention strategies into the School’s plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and TxSSC for:
      1. Members of the TSBVI’s school safety and security committee [see Policy CK];
      2. School counselors and mental health professionals; and
      3. Educators and other TSBVI personnel as determined by the School;
    4. Include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by item 2, above; and
    5. Implement trauma-informed policies;
  6. A policy for providing a substitute teacher access to school campus buildings and materials necessary for substitute teachers to carry out their duties during an emergency or a mandatory emergency drill; and
  7. The name of each individual on the school safety and security committee and the date of each committee meeting during the preceding year [See Policy CK]; and
  8. Certification that TSBVI is in compliance with Education Code 37.117 [See Emergency Response Map, above].

Education Code 37.108(f)

Guidelines for Individuals with Disabilities or Impairments

TEA shall establish guidelines for the provision in a district’s multi-hazard emergency operations plan to ensure the safety of students and personnel with disabilities or impairments during a disaster or emergency situation. TSBVI must follow the guidelines established by TEA in adopting and implementing its multi-hazard emergency operations plan. Education Code 37.1086

Active Shooter Emergency

TSBVI shall include in its multi-hazard emergency operations plan a policy for responding to an active shooter emergency. The School may use any available community resources in developing the policy. Education Code 37.108(g)

Train Derailment

TSBVI shall include in its multi-hazard emergency operations plan a policy for responding to a train derailment near the school, but only if there is a railroad track within 1,000 yards of a TSBVI facility. TSBVI may use any available community resources in developing the policy. Education Code 37.108(d)

Disclosure

A document relating to a school multi-hazard emergency operations plan is subject to disclosure under Government Code Chapter 552 if the document enables a person to:

  1. Verify that TSBVI has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with TSBVI to respond to an emergency, including TDSHS, local emergency services agencies, law enforcement agencies, health departments, and fire departments;
  2. Verify that TSBVI’s plan was reviewed within the last 12 months and determine the specific review dates;
  3. Verify that the plan addresses the four phases of emergency management listed at EMERGENCY OPERATIONS PLAN;
  4. Verify that TSBVI 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 TSBVI has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;
  6. Verify that TSBVI has established a plan for responding to a train derailment if required;
  7. Verify that TSBVI has completed a safety and security audit and determine the date the audit was conducted, the person conducting the audit, and the date TSBVI presented the results of the audit to the board;
  8. Verify that TSBVI has addressed any recommendations by the board for improvement of the plan and determine the School’s progress within the last 12 months; and
  9. Verify that TSBVI has established a visitor policy and identify the provisions governing access to School buildings or other TSBVI property.

Education Code 37.108 (c-2)

Plan Review

TSBVI shall submit its multi-hazard emergency operations plan to the TxSSC not later than the 30th day after the date the TxSSC requests the submission and in accordance with the TxSSC review cycle developed under Education Code 37.2071(a).

Any document or information collected, developed, or produced during the review and verification of multi-hazard emergency operations plans is not subject to disclosure under the Public Information Act (Government Code Chapter 552).

Failure to Submit Plan

If a district fails to submit its multi-hazard emergency operations plan to the TxSSC for review following a notification by the TxSSC that the district failed to submit the district’s plan, the TxSSC shall provide the district with written notice stating that the district must hold a public hearing as outlined at Public Hearing on Noncompliance, below. The notice must state that the commissioner is authorized to appoint a conservator under Education Code 37.1082.

Notice of Plan Deficiencies

The TxSSC shall review each district’s multi-hazard emergency operations plan and verify the plan meets the requirements or provide TSBVI with written notice describing the plan’s deficiencies, including specific recommendations to correct the deficiencies, and stating that the School must correct the deficiencies in its plan and resubmit the revised plan to the TxSSC.

The TxSSC may approve TSBVI’s multi-hazard emergency operations plan that has deficiencies if the School submits a revised plan that the center determines will correct the deficiencies.

Failure to Correct Deficiencies

If one month after the date of initial notification of a plan’s deficiencies outlined above, the School has not corrected the plan deficiencies, the TxSSC shall provide written notice to the School and TEA that the School has not complied with the requirements and must comply immediately.

If the School has not corrected the plan deficiencies three months after the date of initial notification, the TxSSC shall provide written notice to the School stating that it must hold a public hearing as outlined below. Education Code 37.2071

Public Hearing on Noncompliance

If the Board receives notice of noncompliance under Education Code 37.207(e) [see Policy CK], 37.2071(d) [see Failure to Submit Plan, above], or 37.2071(g) [see Failure to Correct Deficiencies, above], the Board shall hold a public hearing to notify the public of:

  1. The School’s failure to submit or correct deficiencies in a multi-hazard emergency operations plan or report the results of a safety and security audit to the TxSSC as required by law;
  2. The dates during which TSBVI has not been in compliance; and
  3. The names of each member of the Board and the Superintendent serving in that capacity during the dates of noncompliance. The School shall provide this information in writing to each person at the hearing.

The Board shall give members of the public a reasonable opportunity to appear before the Board and to speak on the issue of the School’s failure to submit or correct deficiencies in a multi-hazard emergency operations plan or report the results of a safety and security audit during a hearing held under this provision. If TSBVI is required to hold a public hearing, it shall provide written confirmation to the TxSSC that the School held the hearing.

Education Code 37.1081

SAFE FIREARM STORAGE

The TxSSC, in collaboration with DPS, shall provide to TSBVI information and other resources regarding the safe storage of firearms for distribution by the TSBVI including information on the offense of making a firearm accessible to a child under Penal Code 46.13 and ways in which parents and guardians can effectively provide children from accessing firearms.

TSBVI shall provide the information and other resources to the parent or guardian of each student enrolled in the School. Education Code 37.222

CONFIDENTIAL INFORMATION UNDER THE TEXAS DISASTER ACT

Emergency Response Provider Information

Information is confidential if the information is collected, assembled, or maintained by or for TSBVI for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity and:

  1. Relates to the staffing requirements of an emergency response provider, including a law enforcement agency, a fire-fighting agency, or an emergency services agency;
  2. Relates to a tactical plan of the provider; or
  3. Consists of a list or compilation of pager or telephone numbers, including mobile and cellular telephone numbers, or the provider.

Gov’t Code 418.176

Risk or Vulnerability Assessment

Information is confidential if the information:

  1. Is collected, assembled, or maintained by or for TSBVI for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity; and
  2. Relates to an assessment by or for TSBVI, or an assessment that is maintained by TSBVI, of the risk or vulnerability of persons or property, including critical infrastructure, to an act of terrorism or related criminal activity.

Gov’t Code 418.177

Information, other than financial information, in the possession of TSBVI is confidential if the information:

  1. Is part of a report to an agency of the United States;
  2. Relates to an act of terrorism or related criminal activity; and
  3. Is specifically required to be kept confidential:
    1. Under the Public Information Act, Government Code 552.101, because of a federal statute or regulation;
    2. To participate in a state-federal information sharing agreement; or
    3. To obtain federal funding.

Security Systems

Financial information in the possession of TSBVI that relates to the expenditure of funds by TSBVI for a security system is public information that is not excepted from required disclosure under the Public Information Act. [See Policy GBA]

Information, including access codes and passwords, in the possession of TSBVI that relates to the specifications, operating procedures, or locations of a security system used to protect public or private property from an act of terrorism or related criminal activity is confidential.

Gov’t Code 418.182

Disaster Disclosure Exception

At any time during a state of disaster, the superintendent may voluntarily disclose or otherwise make available all or part of the information that is confidential under Government Code 418.175-.182 to another person or another entity if the superintendent believes that the other person or entity has a legitimate need for the information. The disclosure or making available of confidential information under this provision does not waive or affect the confidentiality of the information. Gov’t Code 418.183(b), (e)

 

Adopted:         3/7/80

Amended:       3/12/82, 11/17/95, 11/18/05, 1/23/09, 6/4/14, 4/6/18, 1/31/20, 5/24/24

Review:           11/6/98, 3/21/03