HBA-NRS C.S.H.B. 395 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 395 By: Wise Public Education 4/30/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE There are many school district playgrounds with outdated and hazardous equipment. Some of the playground equipment is worn out, rusted, contaminated with lead-filled paint, or is otherwise falling apart. According to the Brain Injury Association, Inc., approximately 200,000 preschool and elementary aged children receive emergency department treatment in the United States each year from injuries that occur on playground equipment. Safety hazards could be avoided if public schools maintain their playgrounds and follow the required safety guidelines as proposed by the United States Consumer Protection Safety Commission's "Handbook for Public Playground Safety." C.S.H.B. 395 requires each school district to appoint a qualified district employee to serve as the playground safety coordinator to ensure that each district playground is inspected for safety on a reasonable schedule and substantially complies with the most recent guidelines for public playground safety. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 395 amends the Education Code to require each school district to appoint a current district employee to serve as the playground safety coordinator (coordinator). The bill requires the coordinator to refer to the United States Consumer Product Safety Commission Public Playground Safety Checklist in carrying out assigned duties. The bill requires the coordinator to ensure that new district playground equipment and surfacing for the area under and around the playground equipment substantially complies with and is installed in a manner that substantially complies with the most recent guidelines for public playground safety adopted by the United States Consumer Product Safety Commission (commission) and published in the "Handbook for Public Playground Safety" (handbook) or a successor publication. The bill requires the coordinator to ensure that each district playground is inspected for safety on a reasonable schedule and substantially complies with the most recent guidelines for public playground safety adopted by the commission and published in the handbook or a successor publication or is otherwise safe and, to the greatest extent practicable, complies with those safety guidelines. The bill requires the coordinator to post certain information at each district playground that enables individuals to contact the coordinator. The coordinator is required to receive and, if appropriate, act on complaints or suggestions concerning district playground safety. The bill requires the coordinator to collaborate with personnel at each district school in maintaining or improving the safety of the school's playground and ensuring the supervision of children on the playground and to take other reasonable action necessary to ensure the safety of district playgrounds. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. The Act applies beginning with the 2001-2002 school year. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 395 modifies the original bill to require each school district to appoint a current district employee, rather than a qualified current district employee such as an assistant principal or a physical education or other teacher, to serve as the playground safety coordinator.