| (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.
(d) In accordance with TEC, §37.1141(c), data
regarding the efficacy and impact of an active threat exercise shall
be collected and submitted to the Texas School Safety Center (TxSSC)
using the methods developed by the TxSSC.
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