April 2018 Committee of the Full Board Item 6

Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers
(First Reading and Filing Authorization)

April 13, 2018

COMMITTEE OF THE FULL BOARD: 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, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers, to implement Senate Bill (SB) 30, 85th Texas Legislature, Regular Session, 2017, regarding required instruction on proper interaction with peace officers.

STATUTORY AUTHORITY:
Texas Education Code (TEC), §§7.102(c)(4); 28.012, as added by SB 30, 85th Texas Legislature, Regular Session, 2017; and 28.025(b-20), as added by SB 30, 85th Texas Legislature, Regular Session, 2017.

TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.

TEC, §28.012, as added by SB 30, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to enter into a memorandum of understanding with the Texas Commission on Law Enforcement (TCOLE) to establish respective responsibilities in developing instruction, including curriculum and instructional modules, on proper interaction with peace officers during traffic stops and other in-person encounters.

TEC, §28.025(b-20), as added by SB 30, 85th Texas Legislature, Regular Session, 2017, requires the SBOE to adopt rules to include the instruction on proper interaction with peace officers during traffic stops and other in-person encounters in one or more courses in the required curriculum for students in Grades 9-12.

EFFECTIVE DATE: The proposed effective date of the proposed new rule is August 27, 2018.

PREVIOUS BOARD ACTION: The Committee of the Full Board discussed the requirements of SB 30 at its November 2017 meeting.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The 85th Texas Legislature, Regular Session, 2017, passed SB 30, also known as the Community Safety Education Act. The legislation adds TEC, §28.012, to require the SBOE to enter into a memorandum of understanding with TCOLE to establish the respective responsibilities of each agency in developing instruction, including curriculum and instructional modules, on proper interaction with peace officers during traffic stops and other in-person encounters. The required instruction must include information regarding the role of law enforcement and the duties and responsibilities of peace officers; a person's rights concerning interactions with peace officers; proper behavior for civilians and peace officers during interactions; laws regarding questioning and detention by peace officers, including any law requiring a person to present proof of identity to a peace officer, and the consequences for a person's or officer's failure to comply with those laws; and how and where to file a complaint against or a compliment on behalf of a peace officer.

SB 30 permits the SBOE and TCOLE to consult with any interested party for the purpose of making recommendations regarding the required instruction and requires a reasonable period for public comment.

SB 30 also requires the SBOE to adopt rules to include the instruction on proper interaction with peace officers during traffic stops and other in-person encounters in one or more courses in the required curriculum for students in Grades 9-12. The legislation establishes that, subject to rules adopted by the SBOE, a school district or open-enrollment charter school may tailor the instruction on proper interaction with peace officers as appropriate for the district or school community. In tailoring the instruction, the district or school is required to solicit input from local law enforcement agencies, driver training schools, and the community.

Attachment II reflects the text of the proposed new rule. The requirement for instruction on proper interaction with peace officers would be effective beginning with the 2018-2019 school year.

FISCAL IMPACT : The Texas Education Agency (TEA) has determined that there are no additional costs to the TEA to comply with the proposed new rule. In addition, there are no additional costs to local government beyond what the authorizing statute requires. School districts and charter schools may incur costs for resources and professional development to provide the instruction required by statute.

The TEA has determined that there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed new rule is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new rule does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT :
TEA staff has determined that the proposed new rule does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

PUBLIC AND STUDENT BENEFIT : Benefits include more information for students regarding proper interaction with peace officers during traffic stops and other in-person encounters.

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

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

PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization, 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, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I.  Statutory Citations (PDF, 19 KB)
II. Text of Proposed New 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers (PDF, 19 KB)