Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions.
The following words and terms, when used in this section, shall have the
following meanings.
(1) Actively
monitored--supervised by an adult who can visibly review visitors prior to
entrance, who can take immediate action to close and/or lock the door, and
whose duties allow for sufficient attention to monitoring.
(2) Exterior secured area--an area fully
enclosed by a fence and/or wall that:
(A) is
utilized when keeping doors closed, locked, and latched is not operationally
practicable;
(B) if enclosed by a
fence or wall, utilizes a fence or wall at least 6 feet high with design
features that prevent it from being easily scalable, such as stone, wrought
iron, chain link with slats or wind screen, or chain link topped with an
anti-scaling device, or utilizes a fence or wall at least 8 feet
high;
(C) is well maintained;
and
(D) if gated, features locked
gates with emergency egress hardware and has features to prevent opening from
the exterior without a key or combination mechanism.
(3) Instructional facility--this term has the
meaning assigned in Texas Education Code (TEC), §46.001, and includes any
real property, an improvement to real property, or a necessary fixture of an
improvement to real property that is used predominantly for teaching curriculum
under TEC, §28.002. For purposes of this section, an instructional
facility does not include real property, improvements to real property, or
necessary fixtures of an improvement to real property that are part of a
federal, state, or private correctional facility or facility of an institution
of higher education, medical provider, or other provider of professional or
social services over which a school system has no control.
(4) Modular, portable building--
(A) an industrialized building as defined by
Texas Occupations Code (TOC), §1202.002 and §1202.003;
(B) any relocatable educational facility as
defined by TOC, §1202.004, regardless of the location of construction of
the facility; or
(C) any other
manufactured or site-built building that is capable of being relocated and is
used as a school facility.
(5) Primary entrance--
(A) the main entrance to an instructional
facility that is closest to or directly connected to the reception area;
or
(B) any exterior door the school
system intends to allow visitors to use to enter the facility during school
hours either through policy or practice.
(6) School system--a public independent
school district or public open-enrollment charter school.
(7) Secure vestibule--a secured space with
two or more sets of doors and an office sign-in area where all but the exterior
doors shall:
(A) remain closed, latched, and
locked;
(B) comply with subsection
(c)(3)(B) of this section; and
(C)
only unlock once the visitor has been visually verified.
(b) The provisions of this section
apply to all school instructional facilities owned, operated, or leased by a
school system, regardless of the date of construction or date of lease. The
provisions of this section ensure that all school system instructional
facilities have access points that are:
(1)
secured by design;
(2) maintained
to operate as intended; and
(3)
appropriately monitored.
(c) A school system shall implement the
following safety and security standards compliance requirements to all school
instructional facilities owned, operated, or leased by the school system.
(1) All instructional facilities, including
modular, portable buildings, must include the addition of graphically
represented alpha-numerical characters on both the interior and exterior of
each exterior door location. The characters may be installed on the door, or on
at least one door at locations where more than one door leads from the exterior
to the same room inside the facility, or on the wall immediately adjacent to or
above the door location. Characters shall comply with the International Fire
Code, §505, which requires numbers to be a minimum of four inches in
height. The primary entrance of an instructional facility shall always be the
first in the entire sequence and is the only door location that does not
require numbering. The numbering sequence shall be clockwise and may be
sequenced for the entire campus or for each facility individually. The
door-numbering process must comply with any and all accessibility requirements
related to signage.
(2) Unless a
secure vestibule is present, a primary entrance shall:
(A) meet all standards for exterior
doors;
(B) include a means to allow
an individual located within the building to visually identify an individual
seeking to enter the primary entrance when the entrance is closed and locked,
including, but not limited to, windows, camera systems, and/or
intercoms;
(C) feature a physical
barrier that prevents unassisted access to the facility by a visitor;
and
(D) feature a location for a
visitor check-in and check-out process.
(3) All exterior doors shall:
(A) be set to a closed, latched, and locked
status, except that:
(i) a door may be
unlocked if it is actively monitored or within an exterior secured area;
and
(ii) for the purposes of
ventilation, a school system may designate in writing as part of its
multi-hazard emergency operations plan under TEC, §37.108, specific
exterior doors that are allowed to remain open for specified periods of time if
explicitly authorized by the school safety and security committee established
by TEC, §37.109, when a quorum of members are present, and only if it is
actively monitored or within an exterior secured area;
(B) be constructed, both for the door and
door frame and their components, of materials and in a manner that make them
resistant to entry by intruders. Unless inside an exterior secured area, doors
constructed of glass or containing glass shall be constructed or modified such
that the glass cannot be easily broken and allow an intruder to open or
otherwise enter through the door (for example, using forced entry-resistant
film);
(C) include:
(i) a mechanism that fully closes and engages
locking hardware automatically after entry or egress without manual
intervention, regardless of air pressure within or outside of the facility;
and
(ii) a mechanism that allows
the door to be opened from the inside when locked to allow for emergency egress
while remaining locked; and
(D) if keyed for re-entry, be capable of
being unlocked with a single (or a small set of) master key(s), whether
physical key, punch code, or key-fob or similar electronic device.
(4) Except when inside an exterior
secured area, classrooms with exterior entry doors shall include a means to
allow an individual located in the classroom to visually identify an individual
seeking to enter the classroom when the door is closed and locked, including,
but not limited to, windows, camera systems, and/or intercoms.
(5) Except when inside an exterior secured
area, all windows that are adjacent to an exterior door and that are of a size
and position that, if broken, would easily permit an individual to reach in and
open the door from the inside shall be constructed or modified such that the
glass cannot be easily broken.
(6)
Except when inside an exterior secured area, all ground-level windows near
exterior doors that are of a size and position that permits entry from the
exterior if broken shall be constructed or modified such that the glass cannot
be easily broken and allow an intruder to enter through the window frame (for
example, using forced entry-resistant film).
(7) If designed to be opened, all
ground-level windows shall have functional locking mechanisms that allow for
the windows to be locked from the inside and, if large enough for an individual
to enter when opened or if adjacent to a door, be closed and locked when staff
are not present.
(8) Roof access
doors should remain closed, latched, and locked when not actively in
use.
(9) All facilities must:
(A) include one or more distinctive, exterior
secure master key box(es) designed to permit emergency access to both law
enforcement agencies and emergency responder agencies from the exterior (for
example, a Knox box) at a location designated by the local authorities with
applicable jurisdiction; or
(B)
provide all local law enforcement electronic or physical master key access to
the building(s).
(10) A
communications infrastructure shall be implemented that must:
(A) ensure equipment is in place such that
law enforcement and emergency responder two-way radios can function within most
portions of the building(s); and
(B) include a panic alert button, duress, or
equivalent alarm system, via standalone hardware, software, or integrated into
other telecommunications devices or online applications, that includes the
following functionality.
(i) An alert must be
capable of being triggered by campus staff, including temporary or substitute
staff, from an integrated or enabled device.
(ii) An alert must be triggered automatically
in the event a district employee makes a 9-1-1 call using the hardware or
integrated telecommunications devices described in this subparagraph from any
location within the school system.
(iii) With any alert generated, the location
of where the alert originated shall be included.
(iv) The alert must notify a set of
designated school administrators as needed to provide confirmation of response,
and, if confirmed, notice must be issued to the 9-1-1 center of an emergency
situation requiring a law enforcement and/or emergency response and must
include the location of where the alert originated. A notice can simultaneously
be issued to all school staff of the need to follow appropriate emergency
procedures.
(v) For any exterior
doors that feature electronic locking mechanisms that allow for remote locking,
the alert system will trigger those doors to automatically lock.
(11) School systems
shall ensure compliance with state and federal Kari's Laws and federal RAY
BAUM's Act and corresponding rules and regulations pertaining to 9-1-1 service
for school telephone systems, including a multi-line telephone
system.
(d) Certain
operating requirements. A school system shall implement the following.
(1) Access control. The board of trustees or
the governing board shall adopt a policy requiring the following continued
auditing of building access:
(A) conduct at
least weekly inspections during school hours of all exterior doors of all
instructional facilities to certify that all doors are set to a closed,
latched, and locked status and cannot be opened from the outside without a key
as required in subsection (c)(3)(A) of this section;
(B) report the findings of weekly inspections
required by subparagraph (A) of this paragraph to the school system's safety
and security committee as required by TEC, §37.109, and ensure the results
are kept for review as part of the safety and security audit as required by
TEC, §37.108;
(C) report the
findings of weekly inspections required by subparagraph (A) of this paragraph
to the principal or leader of the instructional facility to ensure awareness of
any deficiencies identified and who must take action to reduce the likelihood
of similar deficiencies in the future; and
(D) include a provision in the school
system's applicable policy stating that nothing in a school system's access
control procedures will be interpreted as discouraging parents, once properly
verified as authorized campus visitors, from visiting campuses they are
authorized to visit.
(2)
Exterior and interior door numbering site plan.
(A) A school system must develop and maintain
an accurate site layout and exterior and interior door designation document for
each instructional facility school system-wide that identifies all exterior and
interior doors in the instructional facility and depicts all exterior doors on
a floor plan with an alpha-numeric designation, in accordance with the door
numbering specifications established in subsection (c)(1) of this
section.
(B) Copies of exterior and
interior door numbering site plans shall be readily available in each campus
main office.
(C) Electronic copies
of exterior and interior door numbering site plans shall be provided to the
local 9-1-1 administrative entity, the Department of Public Safety, local law
enforcement agencies, and emergency first responders in accordance with TEC,
§37.117. These entities shall be afforded an opportunity to conduct a
walk-through of facilities utilizing the site plans provided.
(D) The site layout and exterior and interior
door designation document should be oriented in a manner that depicts true
north.
(3) Maintenance.
(A) A school system shall perform at least
twice-yearly maintenance checks to ensure the facility components required in
subsection (c) of this section function as required. At a minimum, maintenance
checks shall ensure the following:
(i)
instructional facility exterior doors function properly, including meeting the
requirements in subsection (c)(3)(A) and (C) of this section;
(ii) the locking mechanism for any
ground-level windows that can be opened function properly;
(iii) any perimeter barriers and related
gates function properly;
(iv) all
panic alert or similar emergency notification systems in classrooms and campus
central offices function properly, which includes at least verification from
multiple campus staff and classroom locations that a notification can be issued
and received by the appropriately designated personnel and that the alert is
successfully broadcast to all campus staff and to appropriate law enforcement
and emergency responders;
(v) all
school telephone systems and communications infrastructure provide accurate
location information when a 9-1-1 call is made in accordance with state and
federal laws and rules and when an alert is triggered in accordance with this
section;
(vi) all exterior master
key boxes function properly and the keys they contain function
properly;
(vii) law enforcement and
emergency responder two-way radios operate effectively within each
instructional facility; and
(viii)
two-way radios used by school system peace officers, school resource officers,
or school marshals properly communicate with local law enforcement and
emergency response services.
(B) A school system shall ensure procedures
are in place to require that staff who become aware of a facility component
functionality deficiency that would be identified during the twice-yearly
maintenance review described by subparagraph (A) of this paragraph immediately
report the deficiency to the school system's administration, regardless of the
status of the twice-yearly maintenance review.
(C) A school system shall promptly remedy any
deficiencies discovered as a consequence of maintenance checks required by
subparagraph (A) of this paragraph or reports made under subparagraph (B) of
this paragraph.
(e) In implementing the requirements of this
section, school systems shall comply with the provisions of §
61.1040(j) of
this title (relating to School Facilities Standards for Construction on or
after November 1, 2021).
(f) To the
extent that any provisions of this section conflict with rules adopted in
Chapter 61, Subchapter CC, of this title (relating to Commissioner's Rules
Concerning School Facilities), including terms defined by this section or
standards established by this section, the provisions of this section
prevail.
(g) In implementing the
requirements of this section, school systems shall comply with the standards
adopted under Texas Government Code, §
469.052.
(h) In implementing the requirements of this
section, school systems must adopt a 3-year records control schedule that
complies with the minimum requirements established by the Texas State Library
and Archives Commission schedule, record series item number 5.4.017, as
referenced in Texas Government Code, §
441.169, and Texas
Local Government Code, §
203.041.
(i) Any document or information collected,
identified, developed, or produced relating to the monitoring of school
district safety and security requirements is confidential under Texas
Government Code, §
418.177 and §
418.181, and is not
subject to disclosure under Texas Government Code, Chapter 552.
(j) Certification.
(1) A school system must annually certify
compliance with subsections (c) and (d) of this section as part of ongoing
security audits under TEC, §37.108(b); maintain the certification locally;
and provide documentation upon request by TEA. Non-compliance with subsections
(c) and (d) of this section and all information received upon completion of a
district vulnerability assessment under TEC, §37.1083, shall be reported
to the school system's safety and security committee, the school system's
board, and TEA, as applicable.
(2)
TEA may modify rule requirements or grant provisional certification for
individual site needs as determined by TEA.