June 2018 Committee of the Full Board Wednesday 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
(Second Reading and Final Adoption)
June 15, 2018
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption 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. No changes are recommended since approved for first reading.
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. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2019-2020 school year. The earlier effective date will enable school districts to meet the statutorily required implementation date.
PREVIOUS BOARD ACTION: The Committee of the Full Board discussed the requirements of SB 30 at its November 2017 meeting. At the April 2018 meeting, the SBOE approved proposed new 19 TAC §74.39 for first reading and filing authorization.
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 added 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 presents the text of proposed new 19 TAC §74.39 for consideration by the SBOE for second reading and final adoption. The requirement for instruction on proper interaction with peace officers would be effective beginning with the 2018-2019 school year. No changes are recommended since approved for first reading.
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, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The proposed new rule would give students more information 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: Following the April 2018 SBOE meeting, notice of proposed new 19 TAC §74.39 was filed with the Texas Register, initiating the public comment period. A summary of any public comments received regarding the proposal will be provided to the SBOE prior to and during the June 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption proposed new 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers; and
Make an affirmative finding that immediate adoption of proposed new 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.39, Requirements for Instruction on Proper Interaction with Peace Officers, is necessary and shall have an effective date of August 27, 2018. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
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 Officer (PDF, 19 KB)