SB 57 Establishes Updated Recommendations for Accommodating Individuals with Disabilities or Impairments During Mandatory Drills, Disasters, and Emergency Situations

Article by: Laruen Bick, Clerk

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The development and implementation of effective safetyplans to address various emergency situations should be a priority for allemployers. As we know from the recent and tragic floods affecting the TexasHill Country, disaster is often unpredictable and can strike fast. Therefore,it is important to be prepared for the worst, even though we hope it will neverhappen. Employers should develop and implement specific plans that can ensurethe safety of all personnel located within their facilities during an emergency.When traditional safety measures are insufficient to ensure an individual’ssafety during such a situation, accommodations should be made. A new Texas lawclarifies how to establish the safety measures necessary to accommodateindividuals with disabilities or impairments during mandatory drills,disasters, and emergency situations. 

The Why Behind SB 57

Following the 88^th Texas legislative session, HB 3required the Texas Education Agency to establish guidelines for schooldistricts’ multi-hazard emergency operations plans that ensured the safety ofstudents and personnel with disabilities during a disaster or emergency. Whilethis update was an important step forward, there was concern that a gapremained—specifically, would the updated plans be enough to accommodate theunique, individualized needs of a student or staff member’s disability during agiven disaster or emergency? SB 57 seeks to bridge this gap by ensuring the specificaccommodations needed to guarantee the safety of individuals affected bysuch a disability or impairment are developed and implemented.

SB 57 Addresses Public School Safety Plans, ProvidesGuidance for Other Organizations 

SB 57 was signed into law on June 20, 2025, and becameeffective immediately. After moving through the Legislature with overwhelmingbi-partisan support, the new law now mandates specific accommodations be madefor students with disabilities during drills and emergencies, ensuring thatthese students are not at increased risk.  Specifically, SB 57 requiresthat school districts include the accommodations necessary to ensure astudent’s safety during a drill or emergency in that student’s individualizededucation programs (IEPs) or Section 504 plans. The new law also requires thatthe Commissioner of Education establish recommendations regardingaccommodations for students with disabilities during a mandatory drill oremergency, as well as guidelines addressing the following issues: 

·        Documentation of accommodations for a student in a schooldistrict’s multi-hazard emergency operations plan to ensure the safety ofstudents and personnel with disabilities or impairments during a mandatorydrill, disaster, or emergency;

·        Required communications between administrators and staffregarding those accommodations; and

·        Required communications between administrators and the schooldistrict’s school safety and security committee regarding students or personnelwith disabilities and impairments for purposes of recommending updates to the schooldistrict’s multi-hazard emergency operations plan.

While SB 57 applies only to public school districts,other schools, organizations, and employers can and should make note of the newlaw’s general and specific recommendations and guidelines. Other employers mayalso consider updating general safety plans for various drills, disasters, oremergencies to include any specific accommodations needed to ensure the safetyof students, staff, or any other on-site personnel during suchsituations. 

Considerations for Employers Regarding Accommodation ofIndividuals with Disabilities or Impairments During Drills, Disasters, orEmergencies

Pending the Commissioner of Education’s release ofspecific recommendations offering further guidance, there are a few steps totake for employers who are not bound by SB 57 but still wish to update plans toaccommodate and ensure the safety of employees with disabilities orimpairments. Primary considerations for employers include:

·        Ensuring that all documentation of an employee’saccommodations for a specific disability or impairment is accurate and up todate;

·        Referring to these documented accommodations to determinewhether traditional plans or measures are sufficient for ensuring thatemployee’s safety during a drill, disaster, or emergency;

·        Making efforts to incorporate specific accommodations foremployees with disabilities or impairments into a safety plan for any givendrill, disaster, or emergency, for the purpose of guaranteeing the safety ofall employees; and 

·        Ensuring that all employees are aware of new or updatedsafety measures and plans, as well as their role in the implementation of aspecific plan during a given drill, disaster, or emergency. 

SenatorZaffirini, the author of SB 57, describes the new law’s goal simply andpassionately: “no [one] should be left unprotected during a crisis.” So, whiledisaster may be unpredictable, employers never have to be unprepared. Withclear communication, effective planning, and active implementation, employerscan ensure the safety of all employees in the event of a drill,disaster, or emergency.

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