Discussion of Required Instruction on Proper Interaction with Peace Officers

November 8, 2017

COMMITTEE OF THE FULL BOARD: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides the opportunity for the board to receive an update on implementation of recent legislation regarding required instruction on proper interaction with peace officers.

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

BOARD RESPONSE: This item is presented for review and comment.

PREVIOUS BOARD ACTION: None.

FUTURE ACTION EXPECTED: First reading and filing authorization of proposed requirements for instruction on proper interaction with peace officers will be presented at a future SBOE 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.

This item provides the opportunity for the committee to discuss the requirements of the new legislation. The requirement for instruction on proper interaction with peace officers would be effective beginning with the 2018-2019 school year.

FISCAL IMPACT: There may be costs associated with implementation of the required instruction on proper interaction with peace officers. Fiscal implications will be assessed after the committee gives direction regarding the proposal to bring forward for first reading and filing authorization.

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: Procedural and reporting implications will be assessed after the committee gives direction regarding the proposal to bring forward for first reading and filing authorization.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Locally maintained paperwork requirements will be assessed after the committee gives direction regarding the proposal to bring forward for first reading and filing authorization.

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: None.

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

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachment:
Statutory Citations (PDF, 19KB)