Relating to instruction in cardiopulmonary resuscitation and the use of automated external defibrillators and to a cardiac emergency response plan for certain school employees and volunteers.
CriticalImmediate action required
Medium Cost
Effective:2025-09-01
Enforcing Agencies
Texas Education Agency
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline:
Certification Mandate: 2025-2026 School Year (Immediate upon effective date).
CERP Implementation: First instructional day of the 2027-2028 School Year.
Agency Rulemaking: The Texas Education Agency (TEA) Commissioner must determine if "other school employees" beyond the statutory list require certification prior to the 2025-2026 school year.
Immediate Action Plan
1.Immediate HR Audit: Cross-reference the new statutory list against current staff certifications. Flag any lapses immediately.
2.Secure Training Vendors: Lock in training dates for Summer 2025 to ensure all staff are certified before the first bell of the 2025-2026 school year.
3.Initiate EMS Contact: Designate a safety officer to begin coordination with local emergency services to draft the CERP for the 2027 deadline.
4.Update Handbooks: Revise employee and student handbooks to reflect the new certification obligations and drill requirements.
Operational Changes Required
Contracts
Employment Agreements: Update contracts for coaches, nurses, band directors, and cheer sponsors. Maintenance of valid CPR/AED certification must be explicitly listed as a condition of employment.
Vendor Agreements: Negotiate Master Service Agreements (MSAs) with training providers (e.g., Red Cross, American Heart Association) for bulk certification rates.
Parental Consent Forms: Update forms for Student Athletic Trainers to acknowledge the new statutory requirement for their certification.
Hiring/Training
Mandatory Certification: You must transition from "instruction" to formal "certification" for:
School nurses and assistants.
Athletic coaches and sponsors.
PE instructors.
Marching band directors.
Cheerleading coaches.
Student athletic trainers.
Campus Teams: Establish a Cardiac Emergency Response Team at every campus.
Reporting & Record-Keeping
Certification Audit: Maintain a centralized digital repository of all employee and student trainer certifications with automated expiration alerts.
Drill Logs: You must document annual cardiac emergency drills. These logs will be discoverable in litigation.
CERP Review: Document the annual review and modification of your Cardiac Emergency Response Plan in board or administrative minutes.
Fees & Costs
Training Budget: Schools must absorb the cost of certification courses. The Legislative Budget Board anticipates local fiscal impact.
Staff Time: Budget for compensated time required for staff to attend certification courses.
Strategic Ambiguities & Considerations
The "Commissioner Clause": The law allows the TEA Commissioner to arbitrarily expand the list of required personnel. Monitor TEA correspondence closely; if bus drivers or security staff are added, you will have a short window to comply.
"Evidence-Based" Standards: The CERP must be based on "nationally recognized, evidence-based guidelines." Until TEA publishes an approved list, adopt American Heart Association (AHA) standards to ensure defensibility.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
S.B. 865 aims to address the need for comprehensive training in cardiopulmonary resuscitation (CPR) and the use of automated external defibrillators (AEDs) for school employees and volunteers across Texas school districts, private schools, and open-enrollment charter schools. The primary issue being addressed by this legislation is the lack of standardized, mandatory training for individuals who are often in direct contact with students and may even be first responders in a medical emergency. Immediate intervention through CPR and AED usage increases survival rates during a medical emergency. Under current Texas law, AED instruction is not mandated for school personnel and does not require certification from nationally recognized organizations such as the American Heart Association or the American Red Cross. This proposed legislation amends existing law by explicitly requiring that school nurses, assistant school nurses, athletic coaches and sponsors, physical education instructors, marching band directors, cheerleading coaches and other specified school employees, as well as student athletic trainers, participate in both CPR and AED instruction and maintain certification from a recognized national organization.
Support for this legislation is expected from health organizations, parent advocacy groups, and medical associations. Opposition has not yet been assessed.
As proposed, S.B. 865 amends current law relating to instruction in cardiopulmonary resuscitation and the use of automated external defibrillators for school district, private school, and open-enrollment charter school employees and volunteers.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 22.902(c) and (e), Education Code, as follows:
(c) Requires each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, marching band director, cheerleading coach, and other school employee specified by the commissioner of education and each student who serves as an athletic trainer to participate in the instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator. Requires a person described in this subsection to receive and maintain certification in cardiopulmonary resuscitation and the use of an automated external defibrillator from the American Heart Association, the American Red Cross, or a similar nationally recognized association. Makes a nonsubstantive change.
(e) Requires a private school or open-enrollment charter school to adopt a policy under which the school makes available to school employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator. Deletes existing text providing that this subsection applies only to a private school that receives an automated external defibrillator from the Texas Education Agency (TEA) or receives funding from TEA to purchase or lease an automated external defibrillator.
SECTION 2. Provides that this Act applies beginning with the 2025�2026 school year.
SECTION 3. Effective date: upon passage or September 1, 2025.
Honorable Brandon Creighton, Chair, Senate Committee on Education K-16
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB865 by Alvarado (Relating to instruction in cardiopulmonary resuscitation and the use of automated external defibrillators for school district, private school, and open-enrollment charter school employees and volunteers.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
Schools may incur costs associated with providing cardiopulmonary resuscitation training.
Source Agencies:
701 Texas Education Agency
LBB Staff:
JMc, NC, SL, ANa
Related Legislation
Explore more bills from this author and on related topics
SB865 (The Landon Payton Act) shifts the legal standard for cardiac safety in Texas schools from general "training" to mandatory "certification" and operational readiness. Public schools, open-enrollment charters, and state-funded private schools must immediately verify active CPR/AED certifications for specific personnel and implement a fully integrated Cardiac Emergency Response Plan (CERP) by 2027. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: - Certification Mandate: 2025-2026 School Year (Immediate upon effective date).
Q
Who authored SB865?
SB865 was authored by Texas Senator Carol Alvarado during the Regular Session.
Q
When was SB865 signed into law?
SB865 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB865?
SB865 is enforced by Texas Education Agency.
Q
How urgent is compliance with SB865?
The compliance urgency for SB865 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB865?
The cost impact of SB865 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB865 address?
SB865 addresses topics including occupational regulation, occupational regulation--health occupations, education, education--primary & secondary and education--primary & secondary--charter schools.
Legislative data provided by LegiScanLast updated: November 25, 2025
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