Texas 2019 - 86th Regular

Texas House Bill HB1453 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R10396 MP-D
2	1		By: Bernal H.B. No. 1453
3		-	Substitute the following for H.B. No. 1453:
4		-	By: Talarico C.S.H.B. No. 1453
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to special education-related requirements, including the
10		-	provision of certain services, the composition of the State Board
11		-	for Educator Certification, and certain educator requirements.
	6	+	relating to updating requirements for special education training
	7	+	and the make up of the SBEC Board.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 8.051(d), Education Code, is amended to
14		-	read as follows:
15		-	(d) Each regional education service center shall maintain
16		-	core services for purchase by school districts and campuses. The
17		-	core services are:
18		-	(1) training and assistance in:
19		-	(A) teaching each subject area assessed under
20		-	Section 39.023; and
21		-	(B) providing instruction in personal financial
22		-	literacy as required under Section 28.0021;
23		-	(2) training and assistance in providing each program
24		-	that qualifies for a funding allotment under Section 42.151,
25		-	42.152, 42.153, or 42.156;
26		-	(3) assistance specifically designed for a school
27		-	district or campus assigned an unacceptable performance rating
28		-	under Section 39.054;
29		-	(4) training and assistance to teachers,
30		-	administrators, members of district boards of trustees, and members
31		-	of site-based decision-making committees;
32		-	(5) assistance specifically designed for a school
33		-	district that is considered out of compliance with state or federal
34		-	special education requirements, based on the agency's most recent
35		-	compliance review of the district's special education programs;
36		-	[and]
37		-	(6) assistance in complying with state laws and rules;
38		-	and
39		-	(7) assistance provided through responsive remote
40		-	video coaching to guide teachers in rural areas through the
41		-	delivery of instruction and services to students with disabilities
42		-	as needed through existing agency infrastructure.
43		-	SECTION 2. Section 21.033(a), Education Code, is amended to
44		-	read as follows:
45		-	(a) The State Board for Educator Certification is composed
46		-	of 15 members. The commissioner of education shall appoint an
47		-	employee of the agency to represent the commissioner as a nonvoting
48		-	member. The commissioner of higher education shall appoint an
49		-	employee of the Texas Higher Education Coordinating Board to
50		-	represent the commissioner as a nonvoting member. The governor
51		-	shall appoint two nonvoting members. The governor shall appoint a
52		-	dean of a college of education in this state as one of the nonvoting
53		-	members. The governor shall appoint a person who has experience
54		-	working for and knowledge of an alternative educator preparation
55		-	program and who is not affiliated with an institution of higher
56		-	education as one of the nonvoting members. The remaining 11 members
57		-	are appointed by the governor with the advice and consent of the
58		-	senate, as follows:
	9	+	SECTION 1. Section 21.033(a), Education Code, is amended by
	10	+	amending Subsection (1) to read as follows:
59	11		(1) four members must be teachers employed in public
60		-	schools, one of whom must hold a certificate issued under this
61		-	subchapter in special education and have classroom experience;
62		-	(2) two members must be public school administrators;
63		-	(3) one member must be a public school counselor; and
64		-	(4) four members must be citizens, three of whom are
65		-	not and have not, in the five years preceding appointment, been
66		-	employed by a public school district or by an educator preparation
67		-	program in an institution of higher education and one of whom is not
68		-	and has not been employed by a public school district or by an
69		-	educator preparation program in an institution of higher education.
70		-	SECTION 3. Section 21.051, Education Code, is amended by
	12	+	schools., one of whom must be a teacher who is certified in special
	13	+	education with classroom experience;
	14	+	SECTION 2. Section 21.051, Education Code, is amended by
71	15		adding Subsection (g) to read as follows:
72	16		(g) The board shall propose rules to establish a minimum
73		-	requirement ~~for~~ field-based experience in which a candidate is
	17	+	requirement of field-based experience in which the candidate is
74	18		actively engaged in instructional or educational activities to
75		-	implement an individualized education program for a student with a
76		-	disability. The requirement under this subsection applies only to
77		-	an initial certification issued on or after September 1, 2020. This
78		-	requirement does not affect:
79		-	(1) the validity of a certification issued before
80		-	September 1, 2020; or
81		-	(2) the eligibility of a person who holds a
82		-	certification issued before September 1, 2020, to obtain a
83		-	subsequent renewal of the certification in accordance with board
84		-	rule.
85		-	SECTION 4. Section 21.451, Education Code, is amended by
86		-	adding Subsections (d-4) and (d-5) and amending Subsection (e) to
87		-	read as follows:
88		-	(d-4) Subject to Subsection (e), the training relating to
89		-	instruction of students with disabilities required under
90		-	Subsection (d)(2) must:
91		-	(1) be developed by the agency in collaboration with
92		-	regional education service centers;
93		-	(2) be competency-based, interactive, and
94		-	experiential, including providing educators the opportunity to
95		-	integrate learned skills through demonstration, observation,
96		-	collaboration, fieldwork, and reflection in different
97		-	instructional contexts;
98		-	(3) be delivered in person;
99		-	(4) include at least four hours of instruction;
100		-	(5) be provided on an annual basis, as part of new
101		-	educator orientation to new school district and open-enrollment
102		-	charter school educators; and
103		-	(6) be provided on a schedule adopted by the agency by
104		-	rule to existing school district and open-enrollment charter school
105		-	educators who are responsible for classroom implementation of a
106		-	student's individualized education program.
107		-	(d-5) The training relating to instruction of students with
108		-	disabilities required under Subsection (d)(2) must require that the
109		-	person demonstrate:
	19	+	implement individualized education plans for students with
	20	+	disabilities.
	21	+	SECTION 3. Section 21.451, Education Code, is amended by
	22	+	adding Subsections (d-4), (d-5), and (d-6) and amending Subsection
	23	+	(e) to read as follows:
	24	+	(d-4) The training on instruction for students with
	25	+	disabilities described in Subsection (d)(2) shall include:
110	26		(1) basic knowledge of each disability category under
111	27		the Individuals with Disabilities Education Act (20 U.S.C. Section
112	28		1400 et seq.) and how each category can affect student learning and
113	29		development;
114		-	(2) ~~competence in the use of~~ proactive instructional
115		-	~~planning techniques~~ that:
116		-	(A) ~~provide~~ flexibility in the ways:
	30	+	(2) proactive instructional planning techniques using
	31	+	a framework that
	32	+	(A) provides flexibility in the ways:
117	33		(i) information is presented;
118	34		(ii) students respond or demonstrate
119	35		knowledge and skills; and
120	36		(iii) students are engaged;
121		-	(B) ~~reduce~~ barriers in instruction;
122		-	(C) ~~provide~~ appropriate accommodations,
	37	+	(B) reduces barriers to instruction;
	38	+	(C) provides appropriate accommodations,
123	39		supports, and challenges; and
124		-	(D) ~~maintain~~ high achievement expectations for
	40	+	(D) maintains high achievement expectations for
125	41		all students, including students with disabilities and students of
126	42		limited English proficiency; and
127		-	(3) ~~competence in the use of~~ evidence-based inclusive
128		-	~~instructional~~ practices, including:
	43	+	(3) evidence-based inclusive instructional
	44	+	practices, including:
129	45		(A) general and special education collaborative
130	46		and co-teaching models and approaches;
131		-	(B) ~~multitiered~~ systems of support, including
	47	+	(B) multi-tiered systems of support, including
132	48		response to intervention strategies, classroom and school level
133	49		data-based collaborative structures, and evidence-based strategies
134		-	for intervention and progress monitoring systems in academic areas;
	50	+	for intervention and progress monitoring systems in academic areas
135	51		(C) classroom management techniques using
136	52		evidence-based behavioral intervention strategies and supports;
137		-	and
138	53		(D) appropriate adaptation strategies, including
139	54		accommodations, modifications, and instruction in the use of
140	55		assistive technology for instruction.
141		-	(e) A school district is required to provide the training
142		-	described by Subsection (d)(2) to an educator who works primarily
143		-	outside the area of special education only if the educator has
144		-	[does] not completed equivalent training approved by the agency
145		-	[possess the knowledge and skills necessary to implement the
146		-	individualized education program developed for a student receiving
147		-	instruction from the educator. A district may determine the time
148		-	and place at which the training is delivered].
149		-	SECTION 5. The change in law made by this Act to Section
150		-	21.033(a)(1), Education Code, requiring that one member of the
151		-	State Board for Educator Certification be a teacher who holds a
152		-	certificate issued under Subchapter B, Chapter 21, Education Code,
153		-	in special education does not affect the entitlement of teacher
154		-	members serving on the board immediately before the effective date
155		-	of this Act to continue to carry out the members' duties for the
156		-	remainder of the members' terms. The governor shall appoint a
157		-	teacher member who meets the requirements under Section
158		-	21.033(a)(1), Education Code, as amended by this Act, on the first
159		-	vacancy that occurs after the effective date of this Act of a board
160		-	position held by a teacher member.
161		-	SECTION 6. The State Board for Educator Certification shall
162		-	propose rules as required by Section 21.051(g), Education Code, as
163		-	added by this Act, as soon as practicable following the effective
164		-	date of this Act.
165		-	SECTION 7. Sections 8.051 and 21.451, Education Code, as
166		-	amended by this Act, apply beginning with the 2019-2020 school
167		-	year.
168		-	SECTION 8. This Act takes effect immediately if it receives
	56	+	(d-5) The training on instruction for students with
	57	+	disabilities described in Subsection (d)(2) must a minimum of four
	58	+	hours of instruction, delivered in person and be provided:
	59	+	(1) on an annual basis, as part of a new employee
	60	+	orientation, to all new school district and open-enrollment charter
	61	+	school educators;
	62	+	(2) competency-based, interactive and experiential
	63	+	providing teachers the opportunity to improve their practice by
	64	+	integrating these skills through demonstration, observation,
	65	+	collaboration, fieldwork, and reflection in different
	66	+	instructional contexts; and
	67	+	(3) to existing school district and open-enrollment
	68	+	charter school educators, subject to Subsection (e), who are
	69	+	responsible for classroom implementation of a student's
	70	+	individualized education plan.
	71	+	(d-6) The training on instruction for students with
	72	+	disabilities described in Subsection (d)(2) is required to be
	73	+	completed once every five years upon initial completion of the
	74	+	training.
	75	+	SECTION
	76	+	4. Section 8.051(d), Education Code, is amended by
	77	+	adding Subsection (7) to read as follows:
	78	+	(7) assistance through responsive remote coaching for
	79	+	teachers in rural areas to guide teachers through specific issues
	80	+	in the delivery of instruction and services to students with
	81	+	disabilities offered as needed through existing agency
	82	+	infrastructure.
	83	+	SECTION 5. This Act applies beginning with the 2019-2020
	84	+	school year.
	85	+	SECTION 6. This Act takes effect immediately if it receives
169	86		a vote of two-thirds of all the members elected to each house, as
170	87		provided by Section 39, Article III, Texas Constitution. If this
171	88		Act does not receive the vote necessary for immediate effect, this
172	89		Act takes effect September 1, 2019.