Current through Reg. 49, No. 38; September 20, 2024
(a) An active
threat exercise is defined as any exercise that includes a simulated active
aggressor or an active shooter simulation.
(b) Local education agencies (LEAs), which
include school districts and open-enrollment charter schools, are not required
to conduct active threat exercises.
(c) An LEA that elects to conduct an active
threat exercise shall do so in accordance with Texas Education Code (TEC),
§37.1141, and this section. The LEA shall:
(1) consider using a discussion-based
tabletop exercise as defined in §
103.1209 of this title (relating
to Mandatory School Drills) to achieve the purpose, goals, and objectives of
the exercise rather than using an operations-based, a functional, or a
full-scale active threat exercise;
(2) if conducting an operations-based, a
functional, or a full-scale exercise, provide adequate notice of the exercise
directly to individuals participating in the exercise, parents of students
participating in the exercise, and all other individuals impacted by the
exercise. Adequate notice of the active threat exercise shall also be posted
through multiple distribution networks, including, but not limited to, the
LEA's website and social media platforms.
(A)
To be considered adequate notice, notice shall be provided and posted at least
two weeks prior to the exercise.
(B) The notice shall include the following
required elements specified in TEC, §
37.1141(a)(1):
(i) the date on which the exercise will
occur;
(ii) the content, form, and
tone of the exercise; and
(iii)
whether the exercise will include a live simulation that mimics or appears to
be an actual shooting incident.
(C) The notice shall be provided to parents
in the parents' native language to the greatest extent practicable;
(3) make an audible announcement
over the campus public address system immediately prior to the commencement of
the exercise to signal the start of the exercise to the participants, noting
that it is only an exercise and not a real emergency. The announcement must
contain the elements specified in TEC, §
37.1141(a)(2);
(4) ensure that the content of the exercise,
which includes planning and execution of the exercise, addresses the following
elements:
(A) input from multiple stakeholder
perspectives in the design of the exercise, including law enforcement
personnel;
(B) the physical and
psychological safety of all participants before, during, and after the
exercise, including:
(i) planning in a
trauma-informed manner to minimize potential trauma for students, staff, and
other participants;
(ii) the
development and communication of a predetermined method for participants to
withdraw from the exercise before or during the exercise; and
(iii) access to mental health supports
before, during, and after the exercise; and
(C) the developmental appropriateness of the
exercise, which includes a comprehensive perspective that supports the
cognitive and emotional well-being of each individual and considers the impact
that prior trauma, grief, and crisis experiences have had on a participant's
development prior to the exercise. Developmental appropriateness considerations
include the needs of special populations, including students with disabilities
and emergent bilingual students;
(5) conduct the exercise during
non-instructional time when non-participants are not present in the facility.
Additionally, the LEA must require that:
(A)
if a student participates in the exercise, which is discouraged, the student is
in Grade 9 or higher and participates only if it provides the student with an
educational benefit;
(B) all
participants (students and staff) opt in rather than opt out of the exercise. A
student participant must have written permission to opt in from the parent or
guardian of the student;
(C)
exercise participants be permitted to withdraw from the exercise at any time,
before or during the exercise, using a predetermined method of withdrawal;
and
(D) the exercise is organized,
conducted, and overseen by law enforcement, first responders, or emergency
management personnel. An LEA or one of its schools shall play a critical role
in exercise coordination, overall function, and use of the facility;
and
(6) conduct an
after-action review of the exercise to determine the extent to which the
exercise achieved key planning objectives, to include ensuring:
(A) incident command and control structures
work as intended in accordance with the LEA's multihazard emergency operations
plan;
(B) two-way communications
work as intended with emergency first responders in accordance with the LEA's
multihazard emergency operations plan; and
(C) emergency notification systems (e.g.,
voice calls, text messages, and email notifications) work as
intended.
(d)
In accordance with TEC, §
37.1141(c),
data regarding the efficacy and impact of an active threat exercise shall be
collected and submitted to the Texas School Safety Center (TxSSC) using the
methods developed by the TxSSC.