Tex. Educ. Code Section 37.115
Threat Assessment and Safe and Supportive School Program and Team


(a)

In this section:

(1)

“Harmful, threatening, or violent behavior” includes behaviors, such as verbal threats, threats of self harm, bullying, cyberbullying, fighting, the use or possession of a weapon, sexual assault, sexual harassment, dating violence, stalking, or assault, by a student that could result in:

(A)

specific interventions, including mental health or behavioral supports;

(B)

in-school suspension;

(C)

out-of-school suspension; or

(D)

the student’s expulsion or removal to a disciplinary alternative education program or a juvenile justice alternative education program.

(2)

“Team” means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section.

(b)

The agency, in coordination with the Texas School Safety Center, shall adopt rules to establish a safe and supportive school program. The rules shall incorporate research-based best practices for school safety, including providing for:

(1)

physical and psychological safety;

(2)

a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation;

(3)

a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and

(4)

multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate interventions, including rules for the establishment and operation of teams.

(c)

The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must:

(1)

be consistent with the model policies and procedures developed by the Texas School Safety Center;

(2)

require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs;

(3)

require each team established under this section to report the information required under Subsection (k) regarding the team’s activities to the agency; and

(4)

provide for:

(A)

a district employee who reports a potential threat to a team to elect for the employee’s identity to be confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code, except as necessary for the team, the district, or law enforcement to investigate the potential threat; and

(B)

the district to maintain a record of the identity of a district employee who elects for the employee’s identity to be confidential under Paragraph (A).

(c)

The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must:

(1)

be consistent with the model policies and procedures developed by the Texas School Safety Center;

(2)

require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs;

(3)

require each team established under this section to report the information required under Subsection (k) regarding the team’s activities to the agency; and

(4)

require each district campus to establish a clear procedure for a student to report concerning behavior exhibited by another student for assessment by the team or other appropriate school employee.

(d)

The superintendent of the district shall ensure, to the greatest extent practicable, that the members appointed to each team have expertise in counseling, behavior management, mental health and substance use, classroom instruction, special education, school administration, school safety and security, emergency management, and law enforcement. A team may serve more than one campus of a school district, provided that each district campus is assigned a team.

(e)

The superintendent of a school district may establish a committee, or assign to an existing committee established by the district, the duty to oversee the operations of teams established for the district. A committee with oversight responsibility under this subsection must include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.

(f)

Each team shall:

(1)

conduct a threat assessment that includes:

(A)

assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior in accordance with the policies and procedures adopted under Subsection (c); and

(B)

gathering and analyzing data to determine the level of risk and appropriate intervention, including:
(i)
referring a student for mental health assessment; and
(ii)
implementing an escalation procedure, if appropriate based on the team’s assessment, in accordance with district policy;

(2)

provide guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual; and

(3)

support the district in implementing the district’s multihazard emergency operations plan.

(f-1)

Before a team may conduct a threat assessment of a student, the team must notify the parent of or person standing in parental relation to the student regarding the assessment. In conducting the assessment, the team shall provide an opportunity for the parent or person to:

(1)

participate in the assessment, either in person or remotely; and

(2)

submit to the team information regarding the student.

(f-2)

After completing a threat assessment of a student, the team shall provide to the parent of or person standing in parental relation to the student the team’s findings and conclusions regarding the student.

(g)

A team may not provide a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. The consent required by this subsection must be submitted on a form developed by the school district that complies with all applicable state and federal law. The student’s parent or person standing in parental relation to the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.

(h)

On a determination that a student or other individual poses a serious risk of violence to self or others, a team shall immediately report the team’s determination to the superintendent. If the individual is a student, the superintendent shall immediately attempt to inform the parent or person standing in parental relation to the student. The requirements of this subsection do not prevent an employee of the school from acting immediately to prevent an imminent threat or respond to an emergency.

(i)

A team identifying a student at risk of suicide shall act in accordance with the district’s suicide prevention program. If the student at risk of suicide also makes a threat of violence to others, the team shall conduct a threat assessment in addition to actions taken in accordance with the district’s suicide prevention program.

(j)

A team identifying a student using or possessing tobacco, drugs, or alcohol shall act in accordance with district policies and procedures related to substance use prevention and intervention.

(j-1)

Materials and information provided to or produced by a team during a threat assessment of a student under this section must be maintained in the student’s school record until the student’s 24th birthday.

(k)

A team must report to the agency in accordance with guidelines developed by the agency the following information regarding the team’s activities and other information for each school district campus the team serves:

(1)

the occupation of each person appointed to the team;

(2)

the number of threats and a description of the type of the threats reported to the team;

(3)

the outcome of each assessment made by the team, including:

(A)

any disciplinary action taken, including a change in school placement;

(B)

any action taken by law enforcement; or

(C)

a referral to or change in counseling, mental health, special education, or other services;

(4)

the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, of, in connection with an assessment or reported threat by the team:

(A)

citations issued for Class C misdemeanor offenses;

(B)

arrests;

(C)

incidents of uses of restraint;

(D)

changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program;

(E)

referrals to or changes in counseling, mental health, special education, or other services;

(F)

placements in in-school suspension or out-of-school suspension and incidents of expulsion;

(G)

unexcused absences of 15 or more days during the school year; and

(H)

referrals to juvenile court for truancy; and

(5)

the number and percentage of school personnel trained in:

(A)

a best-practices program or research-based practice under Section 38.351 (Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention), including the number and percentage of school personnel trained in:
(i)
suicide prevention; or
(ii)
grief and trauma-informed practices;

(B)

mental health or psychological first aid for schools;

(C)

training relating to the safe and supportive school program established under Subsection (b); or

(D)

any other program relating to safety identified by the commissioner.

(l)

The commissioner may adopt rules to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.011, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 3, eff. June 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 803 (H.B. 473), Sec. 1, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 15, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 948 (S.B. 1720), Sec. 1, eff. June 18, 2023.

Source: Section 37.115 — Threat Assessment and Safe and Supportive School Program and Team, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­115 (accessed Mar. 23, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.011
Juvenile Justice Alternative Education Program
37.0011
Use of Corporal Punishment
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.0013
Positive Behavior Program
37.013
Coordination Between School Districts and Juvenile Boards
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.0023
Prohibited Aversive Techniques
37.023
Transition from Alternative Education Program to Regular Classroom
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.051
Establishment
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.052
Cooperative Programs
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.082
Possession of Paging Devices
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.151
Definitions
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Mar. 23, 2024

§ 37.115’s source at texas​.gov