Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 103 - HEALTH AND SAFETY › Subchapter CC - COMMISSIONER'S RULES CONCERNING SAFE SCHOOLS › Section 103.1211 - Active Threat Exercises

Current through Reg. 49, No. 28; July 12, 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.