Adopted New 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1003, Extracurricular Athletic Activity Safety Training Requirements
I. Statutory Citations (PDF)
II. Text of Adopted New 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1003, Extracurricular Athletic Activity Safety Training Requirements (PDF)
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1003, Extracurricular Athletic Activity Safety Training Requirements. The adopted new rule implements the requirements of the Texas Education Code (TEC), §33.202, as added by Senate Bill (SB) 82, 80th Texas Legislature, 2007, which requires that the commissioner develop and adopt an extracurricular activity safety training program. No changes were made to the rule since published as proposed.
TEC, §33.202, as added by SB 82, 80th Texas Legislature, 2007.
March 10, 2009.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Through SB 82, the 80th Texas Legislature added the TEC, §33.202, requiring the commissioner to develop and adopt an extracurricular activity safety training program. The program must include training in emergency action planning; cardiopulmonary resuscitation (CPR); communicating with 9-1-1 emergency service operators and other emergency personnel; and recognizing symptoms of potentially catastrophic injuries.
Adopted new 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, §76.1003, Extracurricular Athletic Activity Safety Training Requirements, requires that all coaches, trainers, marching band directors, sponsors, and certain physicians who assist with extracurricular athletic activities meet certain safety requirements or complete a safety training course beginning with the 2008-2009 school year. New subsection (a) adopts the Extracurricular Activity Safety Training Program provided by the University Interscholastic League as an extracurricular athletic activity safety training program. New subsection (b) adopts the educational requirements for licensure as a licensed athletic trainer for the same purpose. New subsection (d) establishes the educational requirements for physicians.
No changes were made to the rule since published as proposed.
The Texas Education Agency (TEA) has determined that there will be fiscal implications for school districts as a result of the new rule. The total estimated costs for school districts to comply with the rule action is $300,000 each year during fiscal years 2009-2013. Beginning with the 2008-2009 school year, school districts are required to provide safety training courses for all coaches, certain trainers, and sponsors and certain physicians who assist with extracurricular athletic activities. The TEC, §33.202, includes certification in CPR as one of the elements of the training for those staff who are not currently required to hold CPR certification under the TEC, §33.086. Approximately 6,000 staff would be trained each year to maintain two-year certification at a cost of about $50 per individual for the total annual estimated cost of $300,000. School districts may also choose to pay the fee for CPR certification for volunteers, depending on district procedure and policy, but it is not possible to estimate how many districts or volunteers may be impacted.
There will be no fiscal implications anticipated for the state. The TEC, §33.202, adds provisions concerning safety regulations for extracurricular activities in public schools and other schools subject to University Interscholastic League (UIL) regulations. The UIL is developing the safety training for the specified school district employees at no additional cost to the state.
The TEA has determined that there may be costs to persons required to comply with the new rule. The TEC, §33.202, includes CPR certification as a required element for safety training. Individuals who volunteer to assist with extracurricular activities may already be CPR certified, however, some may not. In some instances, school districts may pay the fee for CPR certification for volunteers, depending on district procedure and policy. The cost to districts or individuals for CPR certification could range between $30 and $100 per person.
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:
The new rule will benefit the public and students by implementing training requirements to prevent injury and possibly death during extracurricular athletic events. Staff and volunteers responsible for ensuring the health and well-being of Texas schoolchildren will be better prepared to respond to emergencies.
PROCEDURAL AND REPORTING IMPLICATIONS:
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
As required by the TEC, §33.206, school districts will maintain documentation that specified staff and volunteers meet the minimal safety training requirements.
The public comment period on the proposal began December 26, 2008, and ended January 26, 2009. No public comments were received.
OTHER COMMENTS AND RELATED ISSUES:
Staff Members Responsible:
Marissa L. Rathbone, Director of School Health, Health and Safety
For additional information, email email@example.com.