House Bill 3 Strengthens School Safety and Security

by Brittany Shipp, Law Clerk
House Bill 3 brings major changes to school safety, specifically requiring districts to strengthen active shooter policies and safety plans. Effective September 1, 2023, it is imperative that districts begin to review the new requirements of HB 3 to ensure policies and procedures are compliant in time for the upcoming school year.
Security Officers/Facility Safety
House Bill 3 requires there be at least one armed security officer during school hours at each district campus. Additionally, all security personnel must have completed an active shooter response training at least once in the last four years.
The Bill further requires districts to be in compliance with the commissioner’s facility safety standards, to be produced no later than September 1st each year. Further, districts must provide maps to all district buildings to local law enforcement.
It is important to note that The Texas Education Agency will be monitoring the implementation and operation requirements related to school safety within each district. Furthermore, the TEA will conduct random vulnerability assessments of each district on a random basis once every four years. Additionally, a conservator will be assigned to a district that does not comply with applicable safety and security requirements.
A district may be able to claim a good cause exemption from the requirements regarding security officers or requirement that districts comply with the commissioner’s facility safety standards. To claim an exemption from the security officer requirement, districts must claim a lack of funding or available personnel. To claim an exemption from the facility safety standards requirements, districts must claim a reason related to characteristics of the building, projected remaining use of the facility, availability of funding, or supply chain obstacles.
In lieu of compliance with either of these requirements, districts must develop an alternative standard as further detailed in Texas Education Code §§ 37.0814 and 37.353. Further, a school board claiming a good cause exemption must develop and maintain documentation of the district’s implementation and compliance of the Bill’s regulation and/or the adopted alternative standard.
If your district is considering claiming a good cause exemption to the requirements of House Bill 3, please reach out to the attorneys at Leasor Crass, P.C. for help navigating that process.
District Employees
House Bill 3 further requires that employees who regularly interact with students must complete a mental health training program. The district superintendent must also attend a semiannual safety meeting hosted by the county sheriff.
Parents/Students
The Bill also requires that districts adopt a policy for notifying applicable parties when violent activity has occurred at a district campus or facility and provide all district parents with information regarding safe firearm storage per the Department of Public Safety.
If a student is moving or transferring districts, the original district must provide the new district with all disciplinary records and threat assessments for that student. Additionally, school boards must establish a procedure for students to report concerning behavior exhibited by other students.
Additionally, it is important to note that HB 3 amends the Texas Education Code by permitting districts to eject individuals from district property if they refuse to show identification and do not have a legitimate purpose for being on the property.
School Funding
The Bill also increases the funds allocated for safety and security improvements. The per-student fund will be increased from $0.28 to $10 per student. Additionally, each campus will receive a $15,000 allotment.
Updating Board Policies and Procedures
The attorneys at Leasor Crass, P.C. encourage you to act quickly as many of these requirements may require amendments to Board Policy. Specifically, we expect HB 3 may require districts to update the following policies: BBD (LEGAL), CKC (LEGAL) and (LOCAL), DH(LEGAL) and (LOCAL), DMA(LEGAL), FFF(LEGAL) and (LOCAL), and GRAA(LEGAL).
This is not necessarily a comprehensive list of all policies that could be subject to change, and as always, the attorneys at Leasor Crass, P.C. are available to assist you in determining what policies should be amended to maintain compliance with the law.
To ensure your district is in compliance with House Bill 3 by the effective date of September 1, 2023, please do not hesitate to contact any of the attorneys at Leasor Crass, P.C.