| Legal
Parents and guardians of Texas public school students will want to be aware of new laws that are now in effect statewide.
DAEP for vaping
Texas House Bill 114 requires an automatic Disciplinary Alternative Education Placement for any student observed in use, in possession or involved in the delivery of an e-cigarette on school property or at a school-sponsored/ sanctioned activity on or off school property.
Holy Day absence documentation
Texas House Bill 1212 prohibits districts from requiring a student to provide documentation from a member of the clergy to justify an excused absence for a religious holy day. A note from the student’s parent or guardian will suffice.
Extracurriculars
Beginning in the 202324 school year, House Bill 2484 requires districts to prohibit a spectator of an extracurricular athletic activity or competition, including a parent of a student participant, from attending any future activity or competition for a period of one to five years if the spectator causes bodily injury to a person serving as referee, judge, or other official in retaliation for the person’s actions taken in performing their duties. Under certain circumstances, Texas schools are now required to provide an administrator, peace officer, or security personnel to ensure the safety of a referee, judge, or other official while on school property for an extracurricular athletic activity or athletic competition.
House Bill 699 requires UIL to apply the same formula for league classification regardless of whether a district allows non-enrolled (i.e., homeschooled) students to participate in UIL activities. This bill is effective in 2023-24. In addition, House Bill 3708 creates an annual allotment of $1,500 per activity for each non-enrolled student who participates in UIL activities in a district that allows such participation.
Personnel Matters
Bill 1789 which provides that the Texas Government Code’s nepotism prohibition does not apply to school districts hiring bus drivers, as long as the board of trustees approves the hiring. This exception goes into effect Sept. 1.
Beginning in the 202324 school year, Senate Bill 763 allows school districts to employ chaplains or accept chaplains as volunteers for providing students support, services, and programs assigned by the board. The bill requires every school board to take a record vote by March 1, 2024, on whether to adopt a policy authorizing chaplains as employees or volunteers.
School Safety
House Bill 3 makes numerous changes to school safety laws, including requiring districts to assign armed personnel at every campus. Each school board shall determine the appropriate number of armed security officers for each district campus. But unless the board claims a good Continued from Page 1 cause exception due to lack of funding or qualified personnel, the board must ensure at least one armed security officer — specifically, a commissioned peace officer — is present during regular school hours at each campus. If the board claims an exception, the board must provide an alternative plan that may include reliance on a school marshal or an employee or contracted individual who has completed the handgun safety course required for handgun license holders and is authorized to carry a firearm by the district (often called a “guardian”). These requirements go into effect with the 2023-24 school year.
HB 3 also requires each district employee who has regular contact with students to undergo mental health first-aid training. Compliance dates for this provision are staggered, with all employees needing to be trained by 2028-29.
HB 2484 also requires a school holding an extracurricular athletic activity or UIL athletic competition to provide an administrator, peace officer, or security personnel to ensure the safety of a referee, judge, or other official while on school property (See Extracurriculars, above.).
Beginning this year, House Bill 473 requires a campus’ threat-assessment and safe-and-supportive school team to notify a parent before conducting a threat assessment. The team must give the parent an opportunity to participate in the assessment either in person or remotely and to submit information about the student. After the threat assessment, the team must provide the parent with its findings and conclusions about the student.