Adopted Rules Title 19

TITLE 19. EDUCATION

SUBCHAPTER A. REQUIRED CURRICULUM

The State Board of Education (SBOE) adopts an amendment to §74.5, concerning academic achievement record (transcript). The amendment is adopted without changes to the proposed text as published in the March 1, 2024 issue of the Texas Register (49 TexReg 1179) and will not be republished. The adopted amendment requires that completion of instruction in the use of an automated external defibrillator (AED) in addition to the existing requirement for instruction in cardiopulmonary resuscitation (CPR) be indicated on a student's academic achievement record.

REASONED JUSTIFICATION: In 2013, the 83rd Texas Legislature, Regular Session, passed House Bill (HB) 897, amending Texas Education Code (TEC), §28.0023, to require that the SBOE include instruction in CPR for students in Grades 7-12. The legislation required 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 SBOE adopted an amendment to §74.5 in 2018 to update the rule for the academic achievement record to document the completion of the required CPR instruction if the instruction is provided in Grades 9-12.

In 2023, the 88th Texas Legislature, Regular Session, passed HB 4375, further amending TEC, §28.0023, to add instruction in the use of an AED to the requirements for instruction in CPR. The adopted amendment updates the rule for the academic achievement record to include documentation of the completion of the additional instruction in the use of an AED if the instruction is provided in Grades 9-12.

The SBOE approved the amendment for first reading and filing authorization at its February 2, 2024 meeting and for second reading and final adoption at its April 12, 2024 meeting.

In accordance with TEC, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2024-2025 school year. The earlier effective date will ensure that school districts are aware of and able to implement this new requirement at the beginning of the 2024-2025 school year The effective date is August 1, 2024.

SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began March 1, 2024, and ended at 5:00 p.m. on April 1, 2024. The SBOE also provided an opportunity for registered oral and written comments at its April 2024 meeting in accordance with the SBOE board operating policies and procedures. Following is a summary of the public comments received and corresponding responses.

Comment. One counselor and one administrator expressed concern that the number of items required to be added to the academic achievement record (AAR) is cumbersome for administrators.

Response. The SBOE disagrees and provides the following clarification. The proposed amendment does not add a new data element. Instead, it adds the completion of instruction in the use of an AED to an existing item that indicates the completion of CPR instruction.

Comment. One administrator stated that, as written, the proposed rule reads as though the CPR and AED instruction would be two separate trainings.

Response. This comment is outside the scope of the proposed rulemaking. However, the board has provided a response to this comment in the adoption of the proposed amendment to 19 TAC §74.38, Requirements for Instruction in Cardiopulmonary Resuscitation (CPR).

Comment. One administrator asked whether CPR and AED instruction could be reported as one element on the AAR, since the training would most likely be completed at the same time.

Response. The SBOE provides the following clarification. There will be one data element used in the Texas Records Exchange (TREx) for reporting both the completion of CPR instruction and the completion of AED instruction.

Comment. One administrator expressed concern that, although instruction in CPR is important, the addition of the indicator is irrelevant to colleges, universities, scholarship committees, and future employers.

Response. The SBOE disagrees and has determined that the inclusion of the CPR and AED indicator on the AAR is relevant because it helps districts monitor and track the completion of required instruction students must complete before graduating.

Comment. One counselor expressed opposition to the addition of the AED requirement to the AAR.

Response. The SBOE disagrees and has determined that the addition of completion of AED instruction to the CPR instruction element on the AAR is appropriate as proposed.

Comment. One administrator asked whether required training in the use of an AED should be hands-on training or watching a video.

Comment. One counselor stated that the required trainings for CPR for graduates are stretching educators too far.

Comment. One counselor stated that the required trainings for proper interactions with peace officers for graduates are stretching educators too far.

Response. This comment is outside the scope of the proposed rulemaking.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.102(c)(13), which requires the State Board of Education to adopt transcript forms and standards for differentiating high school performance for purposes of reporting academic achievement under TEC, §28.025.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §7.102(c)(13).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 3, 2024.

TRD-202402447

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: August 1, 2024

Proposal publication date: March 1, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER C. OTHER PROVISIONS

19 TAC §74.38

The State Board of Education (SBOE) adopts an amendment to §74.38, concerning requirements for instruction in cardiopulmonary resuscitation (CPR). The amendment is adopted without changes to the proposed text as published in the March 1, 2024 issue of the Texas Register (49 TexReg 1184) and will not be republished. The adopted amendment implements House Bill (HB) 4375, 88th Texas Legislature, Regular Session, 2023, by requiring instruction in the use of an automated external defibrillator (AED) in addition to instruction in CPR for students in Grades 7-12.

REASONED JUSTIFICATION: In 2013, the 83rd Texas Legislature, Regular Session, passed HB 897, amending Texas Education Code (TEC), §28.0023, to require that the SBOE include instruction in CPR for students in Grades 7-12. The legislation required 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. TEC, §38.017, requires school districts and open-enrollment charter schools to make available at each campus at least one AED.

Section 74.38 requires school districts and open-enrollment charter schools to provide instruction in CPR to each student in Grades 7-12 at least once before graduation from high school. The instruction is permitted to be provided as part of any course.

In 2023, the 88th Texas Legislature, Regular Session, passed HB 4375, which further amended TEC, §28.0023, to add instruction in the use of an AED to the requirements for instruction in CPR. The legislation specified that the SBOE must require districts and charter schools to provide instruction in the use of an AED to students in Grades 7-12. Additionally, the legislation added the requirement that CPR instruction must include training in CPR techniques and the use of AEDs.

The adopted amendment requires the instruction in the use of an AED beginning with students who enter Grade 7 in the 2024-2025 school year.

The SBOE approved the amendment for first reading and filing authorization at its February 2, 2024 meeting and for second reading and final adoption at its April 12, 2024 meeting.

Comment. One administrator stated that, as written, the proposed rule reads as though the CPR and AED instruction would be two separate trainings.

Response. The SBOE disagrees that the proposed amendment to §74.38 reads as though CPR and the use of AEDs are two separate trainings and provides the following clarification. TEC, §28.0023, requires that students receive instruction in CPR and the use of an AED. At the April 2024 meeting, the SBOE took action to adopt a proposed amendment to 19 TAC §74.38 to require that CPR instruction include training for students in both CPR techniques and the use of an AED.

Comment. One administrator asked whether required training in the use of an AED should be hands-on training or watching a video.

Response. The SBOE provides the following clarification. TEC, §28.0023, states that the required training for CPR and the use of an AED must incorporate psychomotor skills to support the instruction.

Comment. One counselor stated that the required trainings for CPR for graduates are stretching educators too far.

Response. The SBOE disagrees and provides the following clarification. CPR instruction is required by state law in TEC, §28.0023. The amendment implements HB 4375, 88th Texas Legislature, Regular Session, 2023, by requiring instruction in the use of an AED in addition to instruction in CPR for students in Grades 7-12.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code, §28.0023, as amended by House Bill 4375, 88th Texas Legislature, Regular Session, 2023, which requires the State Board of Education to require by rule instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator for students in Grades 7-12.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §28.0023, as amended by House Bill 4375, 88th Texas Legislature, Regular Session, 2023.