January 2014 Committee on Instruction Item 2

Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR)
(First Reading and Filing Authorization)

January 31, 2014

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item presents for first reading and filing authorization proposed new 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR), to add a new rule for instruction in CPR, as required by House Bill (HB) 897, 83rd Texas Legislature, Regular Session, 2013.

STATUTORY AUTHORITY: Texas Education Code (TEC), §28.0023, as amended by HB 897, 83rd Texas Legislature, Regular Session, 2013.

EFFECTIVE DATE: The proposed effective date of proposed new 19 TAC §74.38 is August 25, 2014.

PREVIOUS BOARD ACTION: The State Board of Education (SBOE) adopted the Texas Essential Knowledge and Skills (TEKS) for Health Education effective September 1, 1998. A discussion item regarding proposed new 19 TAC §74.38 was presented to the Committee on Instruction at the November 2013 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Current law requires the SBOE to include elements relating to instruction in CPR and the use of an automated external defibrillator (AED) as part of the TEKS for health. The TEKS for Health Education, Grades 7-8, include the expectation that students demonstrate basic first-aid procedures, including CPR.

In 2013, the 83rd Texas Legislature, passed HB 897, amending the TEC, §28.0023, to require that the SBOE include instruction in CPR for students in Grades 7-12. The legislation also requires school districts and open-enrollment charter schools to provide instruction in CPR and for students to receive the CPR instruction at least once before graduation. The legislation specifies that the instruction may be provided as part of any course and is not required to result in certification in CPR.

Proposed new 19 TAC §74.38, shown as Attachment II, would address requirements for instruction in CPR, as required by HB 897.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: Students would have access to additional instruction regarding CPR.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule action would have no new procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule action would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the proposal is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed new 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR).

Staff Member Responsible:
Monica Martinez, Associate Commissioner
Standards and Programs

Attachments:
I. Statutory Citation (PDF, 33KB)
II. Text of Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR) (PDF, 14KB)