(a) A school district or an open-enrollment charter school shall provide instruction to students in Grades 7-12 in cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED). The instruction:
  (1) may be provided as a part of any course; and
  (2) shall be provided to each student at least once before graduation from high school.
(b) CPR instruction shall include training for students in CPR techniques and the use of an AED.
(c) The training shall have been developed:
  (1) by the American Heart Association or the American Red Cross; or
  (2) using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.
(d) A school district or an open-enrollment charter school may use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide CPR instruction and training under this section. Except as specified in subsection (e) of this section, an instructor of this training is not required to be certified in CPR.
(e) Instruction provided under this section is not required to result in certification by a student in CPR or the use of an AED. If instruction is intended to result in certification in CPR or the use of an AED, the course instructor must be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association.
(f) A school district or an open-enrollment charter school may waive the requirement under this section for a student who, due to a disability, is unable to complete the requirement. The determination regarding a student's ability to complete the CPR or AED requirements will be made by:
  (1) the student's ARD committee if the student receives special education services under Texas Education Code (TEC), Chapter 29, Subchapter A; or
  (2) the committee established for the student under Section 504, Rehabilitation Act of 1973 (29 United States Code, §794) if the student does not receive special education services under TEC, Chapter 29, Subchapter A, but is covered by the Rehabilitation Act of 1973.
(g) The requirement to receive instruction in CPR applies to any student who entered Grade 7 in the 2010-2011 school year and thereafter.
(h) The requirement to receive instruction in the use of an AED applies to any student who entered Grade 7 in the 2024-2025 school year and thereafter.

Source Note: The provisions of this §74.38 adopted to be effective August 25, 2014, 39 TexReg 5384; amended to be effective August 1, 2024, 49 TexReg 4430