TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES

The Texas Education Agency (TEA) adopts the repeal of §61.1031, concerning school safety requirements. The repeal is adopted without changes to the proposed text as published in the March 27, 2026 issue of the Texas Register (51 TexReg 1949) and will not be republished. The repeal relocates the requirements to new 19 TAC §103.1215. The new rule includes updates to implement House Bill (HB) 3 and Senate Bill (SB) 838, 88th Texas Legislature, Regular Session, 2023, and HB 33 and HB 121, 89th Texas Legislature, Regular Session, 2025, and clarifies requirements for school safety.

REASONED JUSTIFICATION: Section 61.1031 prescribes minimum school safety standards to address the safety of students and staff in Texas public schools. The adopted repeal of §61.1031 moves the requirements to new §103.1215. The relocation is necessary due to a comprehensive reorganization of 19 TAC Chapter 61.

Adopted new §103.1215 was updated to modify the definition for "exterior secured area"; clarify the applicability of the safety standards; address security reviews required under TEC, §37.1087; update alert requirements; and require door numbering site plans to be provided to emergency service districts.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 27, 2026, and ended April 27, 2026. Following is a summary of the public comment received and the agency response.

Comment: A Texas administrator commented that, while the proposal is framed as a relocation of existing requirements with updates tied to recent legislation, it represents yet another shift in rule structure that adds complexity for school systems without clear benefit, further stating that this type of administrative restructuring contributes to compliance burden rather than enhancing safety practices.

Response: The agency disagrees that the repeal and relocation create unnecessary confusion or lack substantive value. The purpose of the restructuring is to consolidate school safety requirements to improve accessibility, consistency, and long-term clarity across the administrative code. Relocating provisions does not alter substantive obligations but instead reduces fragmentation.

STATUTORY AUTHORITY. The repeal is proposed under Texas Education Code (TEC), §7.061, which requires the commissioner of education to adopt and amend rules to ensure a safe and secure environment for public schools, which includes best practices for design and construction of new facilities and improving, renovating, and retrofitting existing facilities. The section requires the commissioner to review all rules by September 1 of each even-numbered year and take action as necessary to ensure school facilities for school districts and open-enrollment charter schools continue to provide a safe and secure environment; TEC, §37.1083, which establishes the Office of School Safety and Security within the Texas Education Agency (TEA) and charges TEA with monitoring the implementation and operation requirements of school district safety and security. Monitoring efforts must include technical assistance related to multihazard emergency operations plans and safety and security audits. Further, the statute establishes that any document or information collected, identified, developed, or produced related to the monitoring of district safety and security is confidential under Texas Government Code, §418.177 and §418.181, making them not subject to disclosure under Texas Government Code, Chapter 552. Subsection (k) allows the commissioner to adopt rules as necessary to implement the section; TEC, §37.115(b), which allows TEA, in coordination with the Texas School Safety Center, to adopt rules to establish a safe and supportive school program, including providing for physical and psychological safety; TEC, §37.117, which requires that each school district or open-enrollment charter school have silent alert panic technology allowing for immediate contact with district or school emergency services and emergency services agencies, law enforcement agencies, health departments, and fire departments. The statute also requires that each school district and open-enrollment charter school provide the Department of Public Safety, local law enforcement, and emergency first responders an accurate map of each district campus and school campus, in accordance with standards outlined in TEC, §37.351. Additionally, school systems must provide these emergency services personnel an opportunity to conduct a walk-through of each campus and school building using the map provided; TEC, §37.351, which requires school districts to comply with each school facilities standard, including performance standards and operational requirements, related to safety and security adopted under TEC, §7.061, or provided by other law or TEA rule. Additionally, school districts must develop and maintain documentation of the district's implementation of and compliance with school safety and security facilities standards for each district facility; and TEC, §37.355, which outlines that any document or information collected, identified, developed, or produced relating to a safety or security requirement under TEC, Chapter 37, Subchapter J, is confidential under Texas Government Code, §418.177 and §418.181, and not subject to disclosure under Texas Government Code, Chapter 552.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §§7.061, 37.1083, 37.115(b), 37.117, 37.351, and 37.355.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2026.

TRD-202603270

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: September 1, 2026

Proposal publication date: March 27, 2026

For further information, please call: (512) 475-1497

CHAPTER 103. HEALTH AND SAFETY

SUBCHAPTER CC. COMMISSIONERS RULES CONCERNING SAFE SCHOOLS

19 TAC §103.1215

The Texas Education Agency (TEA) adopts new §103.1215, concerning school safety requirements. The new section is adopted without changes to the proposed text as published in the March 27, 2026 issue of the Texas Register (51 TexReg 1950) and will not be republished. The new section includes updates to implement House Bill (HB) 3 and Senate Bill (SB) 838, 88th Texas Legislature, Regular Session, 2023, and HB 33 and HB 121, 89th Texas Legislature, Regular Session, 2025, and clarify requirements for school safety to ensure a safe and secure environment in Texas public schools.

REASONED JUSTIFICATION: Adopted new §103.1215 moves existing language from 19 TAC §61.1031, which prescribes minimum school safety standards to address the safety of students and staff in Texas public schools. The new rule includes changes to existing §61.1031.

Legislation from the 88th Texas Legislature, Regular Session, 2023, added and amended school safety requirements in Texas Education Code (TEC), §§7.061, 37.1083, 37.117, 37.351, and 37.355. Legislation from the 89th Texas Legislature, Regular Session, 2025, added TEC, §37.1087, to existing school safety requirements. Adopted new §103.1215 implements legislation and clarifies school safety requirements, as follows.

Adopted new subsection (a) establishes definitions for the rule. The definition for "exterior secured area" includes new language specifying that a perimeter fence does not constitute an exterior secured area.

Adopted new subsection (b) makes the rule applicable to all school instructional facilities owned, operated, or leased by a school system, regardless of the date of construction or date of lease. No changes to the existing requirements were made.

Adopted new subsection (c) requires school systems to implement safety and security standards compliance requirements in all instructional facilities owned, operated, or leased by the school system. New language was added to specify that the standards apply to facilities that are newly constructed, acquired, or substantially renovated. Language was also added to state that security reviews required under TEC, §37.1087, should be conducted as soon as practicable after a facility is constructed, acquired, or renovated and must occur before students occupy the building. In addition, alert requirements were modified in subsection (c)(10)(B)(iv). Finally, a new requirement was added that beginning August 1, 2026, school systems must certify in Sentinel that security reviews have been conducted.

Adopted new subsection (d) outlines operating requirements for school systems and includes new language requiring electronic copies of exterior and interior door numbering site plans to be provided to emergency service districts.

Adopted new subsection (e) outlines that, to the extent this section conflicts with rules adopted in 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, including terms defined by this section or standards established by this section, the provisions of this section prevail. No changes to the existing requirements were made.

Adopted new subsection (f) requires school systems to comply with the standards adopted under Texas Government Code, §469.052. No changes to the existing requirements were made.

Adopted new subsection (g) requires school systems to 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. No changes to the existing requirements were made.

Adopted new subsection (h) outlines that 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. No changes to the existing requirements were made.

Adopted new subsection (i) requires school systems to annually certify compliance with subsections (c) and (d) of this section as part of ongoing security audits under TEC, §37.108(b), to maintain the certification locally, and to provide documentation upon request by TEA. No changes to the existing requirements were made.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began March 27, 2026, and ended April 27, 2026. Following is a summary of public comments received and agency responses.

Comment: The Texas Association of Architects (TxA) expressed concern regarding the lack of reference to a "good cause exception" in the rule, as outlined in TEC, §37.353. TxA indicated that, as currently drafted, the rule does not include any language or mechanism to effectuate the provisions of law contained in TEC, §37.353, that permit a school district or charter school to claim and document a good cause exception to become compliant with specified school facilities standards for safety and security. TxA requested the rule have additional language envisioning and providing for the use of a "good cause exception" for a school district or charter school to become compliant.

Response: The agency disagrees. Good cause exceptions related to facility safety are not equivalent to compliance with school safety requirements. A good cause exception is based on the limited circumstances outlined in TEC, §37.353, approved on a case-by-case basis, and they require school systems to develop alternative standards for safety with which they can comply.

Comment: TxA commented the rule should be clarified to ensure school districts and charter schools are clearly directed to include floor plans in their emergency response maps and during their campus walk-throughs.

Response: The agency disagrees and considers current provisions sufficient as written.

Comment: A Texas administrator commented that local school systems are best positioned to assess their facilities, communities, and student needs in order to develop and maintain effective safety plans. The commenter stated that additional state-level restructuring and clarification does little to improve outcomes and instead diverts attention from the work that matters most. Further, the administrator noted that the inclusion of expanded language and clarification of requirements risks further embedding a compliance-driven approach to school safety.

Response: The agency disagrees. TEC, §7.061, requires that, not later than September 1 of each even-numbered year, the commissioner review all rules adopted under that section and amend the rules as necessary to ensure that facilities standards for school district and open-enrollment charter school facilities continue to provide a secure and safe environment.

Comment: A Texas administrator urged the agency to reconsider this proposal and focus on providing meaningful support to schools rather than expanding regulatory requirements.

Comment: A Texas administrator expressed concern related to the availability of additional funding to support enhanced safety measures and requested clarification on the assertion that for the first five years the proposal is in effect, there are no additional costs to state or local government, including school districts.

Response: The agency provides the following clarification. The changes are necessary to implement requirements enacted by the 89th Texas Legislature and align agency rules with changes made in statute. The purpose of the rule is to clarify and operationalize legislative requirements rather than establish additional requirements beyond those prescribed by law.

STATUTORY AUTHORITY. The new section is adopted under Texas Education Code (TEC), §7.061, as amended by House Bill (HB) 3, 88th Texas Legislature, Regular Session, 2023, which requires the commissioner of education to adopt and amend rules to ensure a safe and secure environment for public schools, which includes best practices for design and construction of new facilities and improving, renovating, and retrofitting existing facilities. The section requires the commissioner to review all rules by September 1 of each even-numbered year and take action as necessary to ensure school facilities for school districts and open-enrollment charter schools continue to provide a safe and secure environment; TEC, §37.1083, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, and amended by HB 121, 89th Texas Legislature, Regular Session, 2025, which establishes the Office of School Safety and Security within the Texas Education Agency (TEA) and charges TEA with monitoring the implementation and operation requirements of school district safety and security. Monitoring efforts must include technical assistance related to multihazard emergency operations plans, safety and security audits, and security reviews. Further, the statute establishes that any document or information collected, identified, developed, or produced related to the monitoring of district safety and security is confidential under Texas Government Code, §418.177 and §418.181, making them not subject to disclosure under Texas Government Code, Chapter 552. Subsection (k) allows the commissioner to adopt rules as necessary to implement the section; TEC, §37.1087, as added by HB 33, 89th Texas Legislature, Regular Session, 2025, which requires a school district that constructs, acquires, renovates, or improves a district facility to conduct a security review to determine whether the facility meets school safety and security requirements; TEC, §37.115(b), which allows TEA, in coordination with the Texas School Safety Center, to adopt rules to establish a safe and supportive school program, including providing for physical and psychological safety; TEC, §37.117, as added by Senate Bill (SB) 838 and HB 3, 88th Texas Legislature, Regular Session, 2023, which requires that each school district and open-enrollment charter school provide the Department of Public Safety, local law enforcement, emergency service districts, and emergency first responders an accurate map of each district campus and school campus, in accordance with standards outlined in TEC, §37.351. Additionally, school systems must provide these emergency services personnel an opportunity to conduct a walk-through of each campus and school building using the map provided; TEC, §37.118, as added by SB 838 and HB 3, 88th Texas Legislature, Regular Session, 2023, which requires that each school district or open-enrollment charter school have silent alert panic technology allowing for immediate contact with district or school emergency services and emergency services agencies, law enforcement agencies, health departments, and fire departments; TEC, §37.351, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which requires school districts to comply with each school facilities standard, including performance standards and operational requirements, related to safety and security adopted under TEC, §7.061, or provided by other law or TEA rule. Additionally, school districts must develop and maintain documentation of the district's implementation of and compliance with school safety and security facilities standards for each district facility; and TEC, §37.355, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, which outlines that any document or information collected, identified, developed, or produced relating to a safety or security requirement under TEC, Chapter 37, Subchapter J, is confidential under Texas Government Code, §418.177 and §418.181, and not subject to disclosure under Texas Government Code, Chapter 552.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code, §7.061, as amended by House Bill (HB) 3, 88th Texas Legislature, Regular Session, 2023; §37.1083, as added by HB 3, 88th Texas Legislature, Regular Session, 2023, and amended by HB 121, 89th Texas Legislature, Regular Session, 2025; §37.1087, as added by HB 33, 89th Texas Legislature, Regular Session, 2025; §37.115(b); §37.117, as added by Senate Bill (SB) 838 and HB 3, 88th Texas Legislature, Regular Session, 2023; §37.118, as added by SB 838 and HB 3, 88th Texas Legislature, Regular Session, 2023; and §37.351 and §37.355, as added by HB 3, 88th Texas Legislature, Regular Session, 2023.