Texas 2017 - 85th Regular

Texas Senate Bill SB1839 Latest Draft

Bill / Enrolled Version Filed 05/29/2017

                            S.B. No. 1839


 AN ACT
 relating to the preparation, certification, and classification of
 and professional development for public school educators.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 21.001, Education Code, is amended to
 read as follows:
 Sec. 21.001.  DEFINITIONS [DEFINITION]. In this chapter:
 (1)  "Commissioner"[, "commissioner"] includes a
 person designated by the commissioner.
 (2)  "Digital learning" means any type of learning that
 is facilitated by technology or instructional practice that makes
 effective use of technology.
 (3)  "Digital literacy" means having the knowledge and
 ability to use a range of technology tools for varied purposes.  The
 term includes the capacity to use, understand, and evaluate
 technology for use in education settings.
 SECTION 2.  Section 21.043, Education Code, is amended to
 read as follows:
 Sec. 21.043.  ACCESS TO PEIMS DATA.  (a)  The agency shall
 provide the board with access to data obtained under the Public
 Education Information Management System (PEIMS).
 (b)  The agency shall provide educator preparation programs
 with data based on information reported through the Public
 Education Information Management System (PEIMS) that enables an
 educator preparation program to:
 (1)  assess the impact of the program; and
 (2)  revise the program as needed to improve the design
 and effectiveness of the program.
 (c)  The agency in coordination with the board shall solicit
 input from educator preparation programs to determine the data to
 be provided to educator preparation programs.
 SECTION 3.  Section 21.044, Education Code, is amended by
 adding Subsections (c-2) and (f-1) to read as follows:
 (c-2)  Any minimum academic qualifications for a certificate
 specified under Subsection (a) that require a person to possess a
 bachelor's degree must also require that the person receive, as
 part of the training required to obtain that certificate,
 instruction in digital learning, including a digital literacy
 evaluation followed by a prescribed digital learning curriculum.
 The instruction required must:
 (1)  be aligned with the International Society for
 Technology in Education's standards for teachers;
 (2)  provide effective, evidence-based strategies to
 determine a person's degree of digital literacy; and
 (3)  include resources to address any deficiencies
 identified by the digital literacy evaluation.
 (f-1)  Board rules addressing ongoing educator preparation
 program support for a candidate seeking certification in a
 certification class other than classroom teacher may not require
 that an educator preparation program conduct one or more formal
 observations of the candidate on the candidate's site in a
 face-to-face setting. The rules must permit each required formal
 observation to occur on the candidate's site or through use of
 electronic transmission or other video-based or technology-based
 method.
 SECTION 4.  Section 21.045, Education Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  To assist an educator preparation program in improving
 the design and effectiveness of the program in preparing educators
 for the classroom, the agency shall provide to each program data
 that is compiled and analyzed by the agency based on information
 reported through the Public Education Information Management
 System (PEIMS) relating to the program.
 SECTION 5.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Section 21.0489 to read as follows:
 Sec. 21.0489.  EARLY CHILDHOOD CERTIFICATION. (a)  To
 ensure that there are teachers with special training in early
 childhood education focusing on prekindergarten through grade
 three, the board shall establish an early childhood certificate.
 (b)  A person is not required to hold a certificate
 established under this section to be employed by a school district
 to provide instruction in prekindergarten through grade three.
 (c)  To be eligible for a certificate established under this
 section, a person must:
 (1)  either:
 (A)  satisfactorily complete the course work for
 that certificate in an educator preparation program, including a
 knowledge-based and skills-based course of instruction on early
 childhood education that includes:
 (i)  teaching methods for:
 (a)  using small group instructional
 formats that focus on building social, emotional, and academic
 skills;
 (b)  navigating multiple content
 areas; and
 (c)  managing a classroom environment
 in which small groups of students are working on different tasks;
 and
 (ii)  strategies for teaching fundamental
 academic skills, including reading, writing, and numeracy; or
 (B)  hold an early childhood through grade six
 certificate issued under this subchapter and satisfactorily
 complete a course of instruction described by Paragraph (A);
 (2)  perform satisfactorily on an early childhood
 certificate examination prescribed by the board; and
 (3)  satisfy any other requirements prescribed by the
 board.
 (d)  The criteria for the course of instruction described by
 Subsection (c)(1)(A) shall be developed by the board in
 consultation with faculty members who provide instruction at
 institutions of higher education in educator preparation programs
 for an early childhood through grade six certificate.
 SECTION 6.  Section 21.051, Education Code, is amended by
 amending Subsection (b) and adding Subsection (b-1) to read as
 follows:
 (b)  Before a school district may employ a candidate for
 certification as a teacher of record and, except as provided by
 Subsection (b-1), after the candidate's admission to an educator
 preparation program, the candidate must complete at least 15 hours
 of field-based experience in which the candidate is actively
 engaged in instructional or educational activities under
 supervision at:
 (1)  a public school campus accredited or approved for
 the purpose by the agency; or
 (2)  a private school recognized or approved for the
 purpose by the agency.
 (b-1)  A candidate may satisfy up to 15 hours of the
 field-based experience requirement under Subsection (b) by serving
 as a long-term substitute teacher as prescribed by board rule.
 Experience under this subsection may occur after the candidate's
 admission to an educator preparation program or during the two
 years before the date the candidate is admitted to the program.  The
 candidate's experience in instructional or educational activities
 must be documented by the educator preparation program and must be
 obtained at:
 (1)  a public school campus accredited or approved for
 the purpose by the agency; or
 (2)  a private school recognized or approved for the
 purpose by the agency.
 SECTION 7.  Section 21.052, Education Code, is amended by
 adding Subsection (a-1) and amending Subsection (e) to read as
 follows:
 (a-1)  The commissioner may adopt rules establishing
 exceptions to the examination requirements prescribed by
 Subsection (a)(3) for an educator from outside the state to obtain a
 certificate in this state.
 (e)  An educator who has submitted all documents required by
 the board for certification and who receives a temporary
 certificate as provided by Subsection (c) [(a)] must perform
 satisfactorily on the examination prescribed under Section 21.048
 not later than the first anniversary of the date the board completes
 the review of the educator's credentials and informs the educator
 of the examination or examinations under Section 21.048 on which
 the educator must perform successfully to receive a standard
 certificate.
 SECTION 8.  Sections 21.054(d) and (e), Education Code, are
 amended to read as follows:
 (d)  Continuing education requirements for a classroom
 teacher must provide that not more than 25 percent of the training
 required every five years include instruction regarding:
 (1)  collecting and analyzing information that will
 improve effectiveness in the classroom;
 (2)  recognizing early warning indicators that a
 student may be at risk of dropping out of school;
 (3)  digital learning, digital teaching, and
 integrating technology into classroom instruction; and
 (4)  educating diverse student populations, including:
 (A)  students with disabilities, including mental
 health disorders;
 (B)  students who are educationally
 disadvantaged;
 (C)  students of limited English proficiency; and
 (D)  students at risk of dropping out of school.
 (e)  Continuing education requirements for a principal must
 provide that not more than 25 percent of the training required every
 five years include instruction regarding:
 (1)  effective and efficient management, including:
 (A)  collecting and analyzing information;
 (B)  making decisions and managing time; and
 (C)  supervising student discipline and managing
 behavior;
 (2)  recognizing early warning indicators that a
 student may be at risk of dropping out of school;
 (3)  digital learning, digital teaching, and
 integrating technology into campus curriculum and instruction; and
 (4)  educating diverse student populations, including:
 (A)  students with disabilities, including mental
 health disorders;
 (B)  students who are educationally
 disadvantaged;
 (C)  students of limited English proficiency; and
 (D)  students at risk of dropping out of school.
 SECTION 9.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Section 21.0543 to read as follows:
 Sec. 21.0543.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION
 RELATED TO DIGITAL TECHNOLOGY. The board shall propose rules
 allowing an educator to receive credit toward the educator's
 continuing education requirements for completion of education
 courses that:
 (1)  use technology to increase the educator's digital
 literacy; and
 (2)  assist the educator in the use of digital
 technology in learning activities that improve teaching,
 assessment, and instructional practices.
 SECTION 10.  Section 21.451, Education Code, is amended by
 amending Subsection (d) and adding Subsection (d-3) to read as
 follows:
 (d)  The staff development:
 (1)  may include training in:
 (A)  technology;
 (B)  conflict resolution;
 (C)  discipline strategies, including classroom
 management, district discipline policies, and the student code of
 conduct adopted under Section 37.001 and Chapter 37; [and]
 (D)  preventing, identifying, responding to, and
 reporting incidents of bullying; and
 (E)  digital learning;
 (2)  subject to Subsection (e) and to Section 21.3541
 and rules adopted under that section, must include training that is
 evidence-based [based on scientifically based research], as
 defined by Section 8101, Every Student Succeeds Act [9101, No Child
 Left Behind Act of 2001] (20 U.S.C. Section 7801), that:
 (A)  relates to instruction of students with
 disabilities; and
 (B)  is designed for educators who work primarily
 outside the area of special education; and
 (3)  must include suicide prevention training that must
 be provided:
 (A)  on an annual basis, as part of a new employee
 orientation, to all new school district and open-enrollment charter
 school educators; and
 (B)  to existing school district and
 open-enrollment charter school educators on a schedule adopted by
 the agency by rule.
 (d-3)  The digital learning training provided by Subsection
 (d)(1)(E) must:
 (1)  discuss basic technology proficiency expectations
 and methods to increase an educator's digital literacy; and
 (2)  assist an educator in the use of digital
 technology in learning activities that improve teaching,
 assessment, and instructional practices.
 SECTION 11.  Section 30A.112(b), Education Code, is amended
 to read as follows:
 (b)  The state virtual school network may provide or
 authorize providers of electronic professional development courses
 to provide professional development for:
 (1)  teachers who are teaching subjects or grade levels
 for which the teachers are not certified; or
 (2)  [teachers who must become highly qualified under
 Section 1119, No Child Left Behind Act of 2001 (20 U.S.C. Section
 6319); or
 [(3)]  teachers who must become qualified under the
 Individuals with Disabilities Education Act (20 U.S.C. Section 1400
 et seq.).
 SECTION 12.  The following provisions of the Education Code
 are repealed:
 (1)  Section 21.005; and
 (2)  Section 21.052(g).
 SECTION 13.  The State Board for Educator Certification
 shall propose rules:
 (1)  establishing requirements and prescribing an
 examination for an early childhood certificate examination as
 required by Section 21.0489, Education Code, as added by this Act;
 and
 (2)  establishing standards to govern the approval and
 renewal of approval of educator preparation programs for early
 childhood certification.
 SECTION 14.  The commissioner of education is required to
 implement Sections 21.043(b) and (c) and 21.045(d), Education Code,
 as added by this Act, only if the legislature appropriates money
 specifically for that purpose. If the legislature does not
 appropriate money specifically for that purpose, the commissioner
 of education may, but is not required to, implement those sections
 using other appropriations available for the purpose.
 SECTION 15.  This Act applies beginning with the 2017-2018
 school year.
 SECTION 16.  This Act takes effect immediately if it
 receives a vote of two-thirds of all the members elected to each
 house, as provided by Section 39, Article III, Texas Constitution.
 If this Act does not receive the vote necessary for immediate
 effect, this Act takes effect September 1, 2017.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 1839 passed the Senate on
 May 4, 2017, by the following vote:  Yeas 30, Nays 1; May 25, 2017,
 Senate refused to concur in House amendments and requested
 appointment of Conference Committee; May 26, 2017, House granted
 request of the Senate; May 28, 2017, Senate adopted Conference
 Committee Report by the following vote:  Yeas 29, Nays 1.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 1839 passed the House, with
 amendments, on May 23, 2017, by the following vote:  Yeas 137,
 Nays 7, one present not voting; May 26, 2017, House granted request
 of the Senate for appointment of Conference Committee;
 May 28, 2017, House adopted Conference Committee Report by the
 following vote:  Yeas 138, Nays 8, two present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor