Texas 2021 - 87th Regular

Texas Senate Bill SB1267 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1267
	1	+	87R22421 JES-D
	2	+	By: West S.B. No. 1267
	3	+	(Lozano)
	4	+	Substitute the following for S.B. No. 1267: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to continuing education and training requirements for
6	10		educators and other school district personnel.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 7.058, Education Code, is amended to
9	13		read as follows:
10	14		Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
11	15		PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,
12	16		the commissioner shall award to one or more institutions that have
13	17		demonstrated an ability to conduct science-based research on
14	18		effective instructional strategies that improve student
15	19		performance in mathematics a grant to be used to:
16	20		(1) develop and identify research on mathematics
17	21		skills acquisition and student learning in mathematics;
18	22		(2) monitor the effectiveness of mathematics
19	23		achievement academies [professional development institutes] under
20	24		Section 21.4553 [21.455] based on performance in mathematics by the
21	25		students of teachers who have attended an academy [institute];
22	26		(3) examine the effect of mathematics achievement
23	27		academies [professional development institutes] on the classroom
24	28		performance of teachers who have attended an academy [institute];
25	29		(4) identify common practices used at high-performing
26	30		school campuses that lead to improved student performance in
27	31		mathematics; and
28	32		(5) develop research on cognitive development in
29	33		children concerning mathematics skills development.
30		-	SECTION 2. Section 11.175, Education Code, is amended by
31		-	adding Subsection (g) to read as follows:
32		-	(g) Notwithstanding Section 2054.5191, Government Code,
33		-	only the district's cybersecurity coordinator is required to
34		-	complete the cybersecurity training under that section on an annual
35		-	basis. Any other school district employee required to complete the
36		-	cybersecurity training shall complete the training as determined by
37		-	the district, in consultation with the district's cybersecurity
38		-	coordinator.
39		-	SECTION 3. Section 21.054, Education Code, is amended by
	34	+	SECTION 2. Section 21.054, Education Code, is amended by
40	35		adding Subsection (a-1) and amending Subsections (d), (e), and (f)
41	36		to read as follows:
42	37		(a-1) Continuing education requirements for educators must
43	38		include training regarding educating students with disabilities.
44	39		(d) Continuing education requirements for a classroom
45	40		teacher must provide that not more than [at least] 25 percent of the
46	41		training required every five years include instruction regarding:
47	42		(1) collecting and analyzing information that will
48	43		improve effectiveness in the classroom;
49	44		(2) recognizing early warning indicators that a
50	45		student may be at risk of dropping out of school;
51	46		(3) digital learning, digital teaching, and
52	47		integrating technology into classroom instruction;
53	48		(4) educating diverse student populations, including:
54	49		(A) [students who are eligible to participate in
55	50		special education programs under Subchapter A, Chapter 29;
56	51		[(B) students who are eligible to receive
57	52		educational services required under Section 504, Rehabilitation
58	53		Act of 1973 (29 U.S.C. Section 794);
59	54		[(C) students with mental health conditions or
60	55		who engage in substance abuse;
61	56		[(D) students with intellectual or developmental
62	57		disabilities;
63	58		[(E)] students who are educationally
64	59		disadvantaged; and
65	60		(B) [(F) students of limited English
66	61		proficiency; and
67	62		[(G)] students at risk of dropping out of school;
68	63		and
69	64		(5) understanding appropriate relationships,
70	65		boundaries, and communications between educators and students[;
71	66		and
72	67		[(6) how mental health conditions, including grief and
73	68		trauma, affect student learning and behavior and how
74	69		evidence-based, grief-informed, and trauma-informed strategies
75	70		support the academic success of students affected by grief and
76	71		trauma].
77	72		(e) Continuing education requirements for a principal must
78	73		provide that not more than [at least] 25 percent of the training
79	74		required every five years include instruction regarding:
80	75		(1) effective and efficient management, including:
81	76		(A) collecting and analyzing information;
82	77		(B) making decisions and managing time; and
83	78		(C) supervising student discipline and managing
84	79		behavior;
85	80		(2) recognizing early warning indicators that a
86	81		student may be at risk of dropping out of school;
87	82		(3) digital learning, digital teaching, and
88	83		integrating technology into campus curriculum and instruction;
89	84		(4) effective implementation of a comprehensive
90	85		school counseling program under Section 33.005;
91	86		(5) mental health programs addressing a mental health
92	87		condition;
93	88		(6) educating diverse student populations, including:
94	89		(A) [students who are eligible to participate in
95	90		special education programs under Subchapter A, Chapter 29;
96	91		[(B) students with intellectual or developmental
97	92		disabilities;
98	93		[(C) students who are eligible to receive
99	94		educational services required under Section 504, Rehabilitation
100	95		Act of 1973 (29 U.S.C. Section 794);
101	96		[(D) students with mental health conditions or
102	97		who engage in substance abuse;
103	98		[(E)] students who are educationally
104	99		disadvantaged;
105	100		(B) [(F)] students of limited English
106	101		proficiency; and
107	102		(C) [(G)] students at risk of dropping out of
108	103		school; and
109	104		(7) preventing, recognizing, and reporting any sexual
110	105		conduct between an educator and student that is prohibited under
111	106		Section 21.12, Penal Code, or for which reporting is required under
112	107		Section 21.006 of this code[; and
113	108		[(8) how mental health conditions, including grief and
114	109		trauma, affect student learning and behavior and how
115	110		evidence-based, grief-informed, and trauma-informed strategies
116	111		support the academic success of students affected by grief and
117	112		trauma].
118	113		(f) Continuing education requirements for a counselor must
119	114		provide that not more than [at least] 25 percent of training
120	115		required every five years include instruction regarding:
121	116		(1) assisting students in developing high school
122	117		graduation plans;
123	118		(2) implementing dropout prevention strategies;
124	119		(3) informing students concerning:
125	120		(A) college admissions, including college
126	121		financial aid resources and application procedures; and
127	122		(B) career opportunities;
128	123		(4) counseling students concerning mental health
129	124		conditions and substance abuse, including through the use of
130	125		grief-informed and trauma-informed interventions and crisis
131	126		management and suicide prevention strategies; and
132	127		(5) effective implementation of a comprehensive
133	128		school counseling program under Section 33.005.
134		-	SECTION 4. Sections 21.451(d), (d-1), and (d-3), Education
	129	+	SECTION 3. Sections 21.451(d), (d-1), and (d-3), Education
135	130		Code, are amended to read as follows:
136	131		(d) The staff development:
137	132		(1) may include training in:
138	133		(A) technology and digital learning; and
139	134		(B) positive behavior intervention and support
140	135		strategies, including classroom management, district discipline
141	136		policies, and the student code of conduct adopted under Chapter 37;
142	137		[and
143	138		[(C) digital learning;]
144	139		(2) subject to Subsection (e) and to Section 21.3541
145	140		and rules adopted under that section, must include training that is
146	141		evidence-based, as defined by Section 8101, Every Student Succeeds
147	142		Act (20 U.S.C. Section 7801), and that:
148	143		(A) relates to instruction of students with
149	144		disabilities, including students with disabilities who also have
150	145		other intellectual or mental health conditions; and
151	146		(B) is designed for educators who work primarily
152	147		outside the area of special education; and
153	148		(3) must include training on:
154	149		(A) suicide prevention;
155	150		(B) [recognizing signs of mental health
156	151		conditions and substance abuse;
157	152		[(C)] strategies for establishing and
158	153		maintaining positive relationships among students, including
159	154		conflict resolution;
160	155		[(D) how grief and trauma affect student learning
161	156		and behavior and how evidence-based, grief-informed, and
162	157		trauma-informed strategies support the academic success of
163	158		students affected by grief and trauma;] and
164	159		(C) [(E)] preventing, identifying, responding
165	160		to, and reporting incidents of bullying.
166	161		(d-1) The training required by Subsection (d)(3):
167	162		(1) must:
168	163		(A) be provided in accordance with the policy
169	164		adopted under Section 21.4515;[:
170	165		[(i) on an annual basis, as part of a new
171	166		employee orientation, to all new school district and
172	167		open-enrollment charter school educators; and
173	168		[(ii) to existing school district and
174	169		open-enrollment charter school educators on a schedule adopted by
175	170		the agency by rule;] and
176	171		(B) use a best practice-based program
177	172		recommended by the Health and Human Services Commission in
178	173		coordination with the agency under Section 38.351; and
179	174		(2) may include two or more listed topics together.
180	175		(d-3) The technology and digital learning training provided
181	176		by Subsection (d)(1)(A) [(d)(1)(E)] must:
182	177		(1) discuss basic technology proficiency expectations
183	178		and methods to increase an educator's digital literacy; and
184	179		(2) assist an educator in the use of digital
185	180		technology in learning activities that improve teaching,
186	181		assessment, and instructional practices.
187		-	SECTION 5. Subchapter J, Chapter 21, Education Code, is
	182	+	SECTION 4. Subchapter J, Chapter 21, Education Code, is
188	183		amended by adding Sections 21.4514 and 21.4515 to read as follows:
189	184		Sec. 21.4514. CONTINUING EDUCATION AND TRAINING
190	185		CLEARINGHOUSE; ADVISORY GROUP. (a) In this section:
191	186		(1) "Board" means the State Board for Educator
192	187		Certification.
193	188		(2) "Clearinghouse advisory group" means the
194	189		clearinghouse advisory group established under Subsection (d).
195	190		(b) The board shall publish a comprehensive clearinghouse
196	191		of information regarding continuing education and training
197	192		requirements for:
198	193		(1) educators; and
199	194		(2) other school personnel.
200	195		(c) The clearinghouse must:
201	196		(1) include best practices and industry
202	197		recommendations for the frequency for training of educators and
203	198		other school personnel; and
204	199		(2) be published in consultation with the
205	200		clearinghouse advisory group.
206	201		(d) The board shall establish a clearinghouse advisory
207	202		group consisting of educators, including classroom teachers, and
208	203		representatives of organizations that represent educators to
209	204		review and provide input regarding the best practices and industry
210	205		recommendations included in the clearinghouse. In publishing the
211	206		clearinghouse, the board shall ensure the clearinghouse reflects
212	207		input provided by the clearinghouse advisory group.
213	208		(e) Not later than December 1 of each even-numbered year,
214	209		the clearinghouse advisory group shall complete a review of the
215	210		clearinghouse and submit a report to the legislature of the group's
216	211		recommendations regarding whether any required continuing
217	212		education or training may be reduced, eliminated, or consolidated
218	213		with other existing continuing education or training.
219	214		Sec. 21.4515. ANNUAL ADOPTION OF PROFESSIONAL DEVELOPMENT
220	215		POLICY. (a) The board of trustees of a school district and the
221	216		governing body of an open-enrollment charter school, to the extent
222	217		applicable, shall annually review the clearinghouse published
223	218		under Section 21.4514 and adopt a professional development policy
224	219		that must:
225	220		(1) be guided by the recommendations for training in
226	221		the clearinghouse;
227	222		(2) note any differences in the policy adopted by the
228	223		district or school from the recommendations in the clearinghouse;
229	224		and
230	225		(3) include a schedule of all training required for
231	226		educators or other school personnel at the district or school.
232	227		(b) To the extent of any conflict, a frequency requirement
233	228		for the completion of training provided by statute prevails over a
234	229		frequency requirement for that training included in the policy
235	230		adopted by the board of trustees of a school district or the
236	231		governing body of an open-enrollment charter school under
237	232		Subsection (a).
238	233		(c) The commissioner may not adopt rules regarding a
239	234		required frequency for the completion of training unless:
240	235		(1) a frequency is provided by statute for that
241	236		training; and
242	237		(2) the commissioner is granted explicit rulemaking
243	238		authority related to that training.
244		-	SECTION 6. Section 21.4552, Education Code, is amended by
	239	+	SECTION 5. Section 21.4552, Education Code, is amended by
245	240		amending Subsections (a), (b), and (c) and adding Subsection (b-1)
246	241		to read as follows:
247	242		(a) The commissioner shall develop and make available
248	243		literacy achievement academies for teachers who provide reading
249	244		instruction to students at any grade level [at the kindergarten or
250	245		first, second, or third grade level].
251	246		(b) A literacy achievement academy developed under this
252	247		section:
253	248		(1) for teachers who provide reading instruction to
254	249		students at the kindergarten or first, second, or third grade
255	250		level:
256	251		(A) [(1)] must include training in:
257	252		(i) [(A)] effective and systematic
258	253		instructional practices in reading, including phonemic awareness,
259	254		phonics, fluency, vocabulary, and comprehension; and
260	255		(ii) [(B)] the use of empirically validated
261	256		instructional methods that are appropriate for struggling readers;
262	257		and
263	258		(B) [(2)] may include training in effective
264	259		instructional practices in writing;
265	260		(2) for teachers who provide reading instruction to
266	261		students at the fourth or fifth grade level:
267	262		(A) must include effective instructional
268	263		practices that promote student development of reading
269	264		comprehension and inferential and critical thinking;
270	265		(B) must provide training in the use of
271	266		empirically validated instructional methods that are appropriate
272	267		for struggling readers; and
273	268		(C) may include material on writing instruction;
274	269		(3) for teachers who provide reading instruction to
	270	+	students at the seventh or eighth grade level, must include
	271	+	training in:
	272	+	(A) administration of the reading instrument
	273	+	required by Section 28.006(c-1); and
	274	+	(B) interpretation of the results of the reading
	275	+	instrument required by Section 28.006(c-1) and strategies, based on
	276	+	scientific research regarding effective reading instruction, for
	277	+	long-term intensive intervention to target identified student
	278	+	needs in word recognition, vocabulary, fluency, and comprehension;
	279	+	(4) for teachers who provide reading instruction to
275	280		students at the sixth, seventh, or eighth grade level, must include
276	281		training in:
277	282		(A) strategies to be implemented in English
278	283		language arts and other subject areas for multisyllable word
279	284		reading, vocabulary development, and comprehension of expository
280	285		and narrative text;
281	286		(B) an adaptation framework that enables
282	287		teachers to respond to differing student strengths and needs,
283	288		including adaptations for students of limited English proficiency
284	289		or students receiving special education services under Subchapter
285	290		A, Chapter 29;
286	291		(C) collaborative strategies to increase active
287	292		student involvement and motivation to read; and
288	293		(D) other areas identified by the commissioner as
289		-	essential components of reading instruction;
290		-	(4) for teachers who provide reading instruction to
291		-	students at the seventh or eighth grade level, must include
292		-	training in:
293		-	(A) administration of the reading instrument
294		-	required by Section 28.006(c-1); and
295		-	(B) interpretation of the results of the reading
296		-	instrument required by Section 28.006(c-1) and strategies, based on
297		-	scientific research regarding effective reading instruction, for
298		-	long-term intensive intervention to target identified student
299		-	needs in word recognition, vocabulary, fluency, and comprehension;
300		-	and
	294	+	essential components of reading instruction; and
301	295		(5) for teachers who provide instruction in
302	296		mathematics, science, or social studies to students at the sixth,
303	297		seventh, or eighth grade level, must include training in:
304	298		(A) strategies for incorporating reading
305	299		instruction into the curriculum for the subject area taught by the
306	300		teacher; and
307	301		(B) other areas identified by the commissioner.
308	302		(b-1) The completion of a literacy achievement academy
309	303		under this section by an educator who teaches students with
310	304		dyslexia satisfies:
311	305		(1) the training requirement under Section 21.054(b);
312	306		and
313	307		(2) a training requirement adopted by the State Board
314	308		of Education pursuant to Section 38.003 related to the screening or
315	309		treatment of a student for dyslexia or a related disorder.
316	310		(c) The commissioner shall adopt criteria for selecting
317	311		teachers who may attend a literacy achievement academy. In
318	312		adopting selection criteria under this subsection, the
319	313		commissioner shall:
320	314		(1) require a teacher to attend a literacy achievement
321	315		academy if the teacher provides instruction in reading,
322	316		mathematics, science, or social studies to students at the sixth,
323	317		seventh, or eighth grade level at a campus that fails to satisfy any
324	318		standard under Section 39.054(e) on the basis of student
325	319		performance on the reading assessment instrument administered
326	320		under Section 39.023(a) to students in any grade level at the
327	321		campus;
328	322		(2) grant [granting a] priority to teachers employed
329	323		by a school district at a campus at which 50 percent or more of the
330	324		students enrolled are educationally disadvantaged; and
331	325		(3) [(2)] provide a process through which a teacher
332	326		not employed at a campus described by Subdivision (2) [(1)] may
333	327		attend the academy if the academy has available space and the school
334	328		district employing the teacher pays the costs of the teacher's
335	329		attendance.
336		-	SECTION 7. Sections 21.4553(a) and (b), Education Code, are
	330	+	SECTION 6. Sections 21.4553(a) and (b), Education Code, are
337	331		amended to read as follows:
338	332		(a) The commissioner shall develop and make available
339	333		mathematics achievement academies for teachers who provide
340	334		mathematics instruction to students at any grade level [the
341	335		kindergarten or first, second, or third grade level].
342	336		(b) A mathematics achievement academy developed under this
343	337		section must, if appropriate for the grade level at which the
344	338		teacher provides instruction, include training in:
345	339		(1) effective and systematic instructional practices
346	340		in mathematics, including problem solving, the place value system,
347	341		whole number operations, and fractions;
348	342		(2) the underlying mathematical skills required to be
349	343		taught; and
350	344		(3) mathematical instruction techniques that, through
351	345		scientific testing, have been proven effective.
352		-	SECTION 8. Subchapter J, Chapter 21, Education Code, is
	346	+	SECTION 7. Subchapter J, Chapter 21, Education Code, is
353	347		amended by adding Section 21.4571 to read as follows:
354	348		Sec. 21.4571. TEXAS ENGLISH LANGUAGE PROFICIENCY
355	349		ASSESSMENT SYSTEM TRAINING. (a) The commissioner may not require a
356	350		school district employee to repeat training or online calibration
357	351		activities the employee has previously successfully completed
358	352		related to administering the Texas English Language Proficiency
359	353		Assessment System, except that the commissioner may require the
360	354		employee to complete training or online calibration activities if
361	355		the administration of or assessment using the Texas English
362	356		Language Proficiency Assessment System has changed significantly
363	357		since the employee completed the training.
364	358		(b) The school district employee assigned to oversee the
365	359		administration of the Texas English Language Proficiency
366	360		Assessment System at a district campus may, with discretion,
367	361		require other district employees involved in administering the
368	362		Texas English Language Proficiency Assessment System to complete
369	363		training or online calibration activities described by Subsection
370	364		(a).
371	365		(c) A school district employee may not be required to
372	366		complete a training or online calibration activity described by
373	367		Subsection (a) in one sitting.
374		-	SECTION 9. Sections 21.458(b) and (b-1), Education Code,
	368	+	SECTION 8. Sections 21.458(b) and (b-1), Education Code,
375	369		are amended to read as follows:
376	370		(b) The commissioner shall adopt rules necessary to
377	371		administer this section, including rules concerning the duties and
378	372		qualifications of a teacher who serves as a mentor and the number of
379	373		classroom teachers that may be assigned to a mentor. The rules
380	374		concerning qualifications must require that to serve as a mentor a
381	375		teacher must:
382	376		(1) complete a research-based mentor and induction
383	377		training program approved by the commissioner;
384	378		(2) complete a mentor training program provided by the
385	379		district, which the district may allow to be satisfied by
386	380		completing the training program described by Subdivision (1);
387	381		(3) have at least three complete years of teaching
388	382		experience with a superior record of assisting students, as a
389	383		whole, in achieving improvement in student performance; and
390	384		(4) demonstrate interpersonal skills, instructional
391	385		effectiveness, and leadership skills.
392	386		(b-1) A school district must provide training as described
393	387		by Subsection (b)(2) to mentor teachers and any appropriate
394	388		district and campus employees who work with the classroom teacher
395	389		or supervise the classroom teacher. A district may allow a training
396	390		program approved by the commissioner under Subsection (b)(1) to
397	391		qualify for the training required by this section. The training
398	392		must be completed by the mentor teacher and the district and campus
399	393		employees before the beginning of the school year. The district
400	394		shall also provide supplemental training to mentor teachers and
401	395		employees during the school year. The training must include
402	396		content related to best mentorship practices.
403		-	SECTION 10. Section 22.902(a), Education Code, is amended
404		-	to read as follows:
	397	+	SECTION 9. Section 22.902(a), Education Code, is amended to
	398	+	read as follows:
405	399		(a) A school district shall, in accordance with the policy
406	400		adopted under Section 21.4515, [annually] make available to
407	401		district employees and volunteers instruction in the principles and
408	402		techniques of cardiopulmonary resuscitation and the use of an
409	403		automated external defibrillator, as defined by Section 779.001,
410	404		Health and Safety Code.
411		-	SECTION 11. Section 28.006(g-1), Education Code, is amended
	405	+	SECTION 10. Section 28.006(g-1), Education Code, is amended
412	406		to read as follows:
413	407		(g-1) A school district shall provide additional reading
414	408		instruction and intervention to each student in seventh grade
415	409		assessed under Subsection (c-1), as appropriate to improve the
416	410		student's reading skills in the relevant areas identified through
417	411		the assessment instrument. Training and support for activities
418	412		required by this subsection shall be provided by regional education
419	413		service centers and teacher literacy achievement [reading]
420	414		academies established under Section 21.4552 [21.4551], and may be
421	415		provided by other public and private providers.
422		-	SECTION 12. Section 28.0062(a), Education Code, is amended
	416	+	SECTION 11. Section 28.0062(a), Education Code, is amended
423	417		to read as follows:
424	418		(a) Each school district and open-enrollment charter school
425	419		shall:
426	420		(1) provide for the use of a phonics curriculum that
427	421		uses systematic direct instruction in kindergarten through third
428	422		grade to ensure all students obtain necessary early literacy
429	423		skills;
430	424		(2) ensure that:
431	425		(A) not later than the 2022-2023 [2021-2022]
432	426		school year, each classroom teacher in kindergarten or first,
433	427		second, or third grade and each principal at a campus with
434	428		kindergarten or first, second, or third grade has attended a
435	429		teacher literacy achievement academy developed under Section
436	430		21.4552; and
437	431		(B) each classroom teacher and each principal
438	432		initially employed in a grade level or at a campus described by
439	433		Paragraph (A) for the 2022-2023 [2021-2022] school year or a
440	434		subsequent school year has attended a teacher literacy achievement
441	435		academy developed under Section 21.4552 before the teacher's or
442	436		principal's first year of placement in that grade level or campus;
443	437		and
444	438		(3) certify to the agency that the district or school:
445	439		(A) prioritizes placement of highly effective
446	440		teachers in kindergarten through second grade; and
447	441		(B) has integrated reading instruments used to
448	442		diagnose reading development and comprehension to support each
449	443		student in prekindergarten through third grade.
450		-	SECTION 13. Section 29.063, Education Code, is amended by
	444	+	SECTION 12. Section 29.063, Education Code, is amended by
451	445		adding Subsection (e) to read as follows:
452	446		(e) The agency may not require members of a language
453	447		proficiency assessment committee to complete training to serve on
454	448		that committee.
455		-	SECTION 14. Section 33.086(b), Education Code, is amended
	449	+	SECTION 13. Section 33.086(b), Education Code, is amended
456	450		to read as follows:
457	451		(b) Each school district shall adopt, in accordance with the
458	452		policy adopted under Section 21.4515, procedures necessary for
459	453		administering this section, including procedures for the time and
460	454		manner in which proof of current certification must be submitted.
461		-	SECTION 15. Sections 33.202(b) and (c), Education Code, are
	455	+	SECTION 14. Sections 33.202(b) and (c), Education Code, are
462	456		amended to read as follows:
463	457		(b) The following persons must satisfactorily complete the
464	458		safety training program in accordance with the policy adopted under
465	459		Section 21.4515:
466	460		(1) a coach, trainer, or sponsor for an
467	461		extracurricular athletic activity; and
468	462		(2) [except as provided by Subsection (f), a physician
469	463		who is employed by a school or school district or who volunteers to
470	464		assist with an extracurricular athletic activity; and
471	465		[(3)] a director responsible for a school marching
472	466		band.
473	467		(c) The safety training program must include:
474	468		(1) certification of participants by the American Red
475	469		Cross, the American Heart Association, or a similar organization or
476	470		by the University Interscholastic League;
477	471		(2) current training in:
478	472		(A) emergency action planning;
479	473		(B) [cardiopulmonary resuscitation if the person
480	474		is not required to obtain certification under Section 33.086;
481	475		[(C)] communicating effectively with 9-1-1
482	476		emergency service operators and other emergency personnel; and
483	477		(C) [(D)] recognizing symptoms of potentially
484	478		catastrophic injuries, including head and neck injuries,
485	479		concussions, injuries related to second impact syndrome, asthma
486	480		attacks, heatstroke, cardiac arrest, and injuries requiring use of
487	481		a defibrillator; and
488	482		(3) [at least once each school year,] a safety drill
489	483		that incorporates the training described by Subdivision (2) and
490	484		simulates various injuries described by Subdivision (2)(C)
491	485		[(2)(D)].
492		-	SECTION 16. Section 37.0831(b), Education Code, is amended
	486	+	SECTION 15. Section 37.0831(b), Education Code, is amended
493	487		to read as follows:
494	488		(b) A dating violence policy must:
495	489		(1) include a definition of dating violence that
496	490		includes the intentional use of physical, sexual, verbal, or
497	491		emotional abuse by a person to harm, threaten, intimidate, or
498	492		control another person in a dating relationship, as defined by
499	493		Section 71.0021, Family Code; and
500	494		(2) address safety planning, enforcement of
501	495		protective orders, school-based alternatives to protective orders,
502	496		training for teachers and administrators at each district campus
503	497		that instructs students in grade six or higher, counseling for
504	498		affected students, and awareness education for students and
505	499		parents.
506		-	SECTION 17. Sections 38.0041(c) and (d), Education Code,
	500	+	SECTION 16. Sections 38.0041(c) and (d), Education Code,
507	501		are amended to read as follows:
508	502		(c) The methods under Subsection (b)(1) for increasing
509	503		awareness of issues regarding sexual abuse, sex trafficking, and
510	504		other maltreatment of children must include training, as provided
511	505		by this subsection, concerning prevention techniques for and
512	506		recognition of sexual abuse, sex trafficking, and all other
513	507		maltreatment of children, including the sexual abuse, sex
514	508		trafficking, and other maltreatment of children with significant
515	509		cognitive disabilities. The training:
516		-	(1) must be provided:
517		-	(A) in accordance with the policy adopted under
518		-	Section 21.4515; and[,]
519		-	(B) as part of a new employee orientation[,] to
520		-	all new school district and open-enrollment charter school
521		-	employees [and to existing district and open-enrollment charter
522		-	school employees on a schedule adopted by the agency by rule until
523		-	all district and open-enrollment charter school employees have
524		-	taken the training]; and
	510	+	(1) must be provided in accordance with the policy
	511	+	adopted under Section 21.4515[, as part of a new employee
	512	+	orientation, to all new school district and open-enrollment charter
	513	+	school employees and to existing district and open-enrollment
	514	+	charter school employees on a schedule adopted by the agency by rule
	515	+	until all district and open-enrollment charter school employees
	516	+	have taken the training]; and
525	517		(2) must include training concerning:
526	518		(A) factors indicating a child is at risk for
527	519		sexual abuse, sex trafficking, or other maltreatment;
528	520		(B) likely warning signs indicating a child may
529	521		be a victim of sexual abuse, sex trafficking, or other
530	522		maltreatment;
531	523		(C) internal procedures for seeking assistance
532	524		for a child who is at risk for sexual abuse, sex trafficking, or
533	525		other maltreatment, including referral to a school counselor, a
534	526		social worker, or another mental health professional;
535	527		(D) techniques for reducing a child's risk of
536	528		sexual abuse, sex trafficking, or other maltreatment; and
537	529		(E) community organizations that have relevant
538	530		existing research-based programs that are able to provide training
539	531		or other education for school district or open-enrollment charter
540	532		school staff members, students, and parents.
541	533		(d) For any training under Subsection (c), each school
542	534		district and open-enrollment charter school shall maintain records
543	535		that include the [name of each] district or charter school staff
544	536		members [member] who participated in the training.
545		-	SECTION 18. Section 38.030(g), Education Code, is amended
	537	+	SECTION 17. Section 38.030(g), Education Code, is amended
546	538		to read as follows:
547	539		(g) The course of instruction for training described under
548	540		Subsection (f) may [not] be provided as an online course. The
549	541		course of instruction must use nationally recognized,
550	542		evidence-based guidelines for bleeding control and must
551	543		incorporate instruction on the psychomotor skills necessary to use
552	544		a bleeding control station in the event of an injury to another
553	545		person, including instruction on proper chest seal placement.
554		-	SECTION 19. Section 38.036, Education Code, is amended by
	546	+	SECTION 18. Section 38.036, Education Code, is amended by
555	547		amending Subsections (c) and (d) and adding Subsection (c-1) to
556	548		read as follows:
557	549		(c) The methods under Subsection (b)(1) for increasing
558	550		awareness and implementation of trauma-informed care must include
559	551		training as provided by this subsection. The training must:
560	552		(1) be provided:
561	553		(A) [(1)] through a program selected from the
562	554		list of recommended best practice-based programs and
563	555		research-based practices established under Section 38.351
564		-	[161.325, Health and Safety Code];
	556	+	[161.325, Health and Safety Code]; and
565	557		(B) in accordance with the policy adopted under
566		-	Section 21.4515; and
567		-	(C) [(2)] as part of any new employee orientation
568		-	for all new school district educators; and
	558	+	Section 21.4515 [(2) as part of any new employee orientation for all
	559	+	new school district educators]; and
569	560		(2) address how grief and trauma affect student
570	561		learning and behavior and how evidence-based, grief-informed, and
571	562		trauma-informed strategies support the academic success of
572	563		students affected by grief and trauma
573	564		[(3) to existing school district educators on a
574	565		schedule adopted by the agency by rule that requires educators to be
575	566		trained at intervals necessary to keep educators informed of
576	567		developments in the field].
577	568		(c-1) The training under Subsection (c) may include two or
578	569		more listed topics together.
579	570		(d) For any training under Subsection (c), each school
580	571		district shall maintain records that include the [name of each]
581	572		district staff members [member] who participated in the training.
582		-	SECTION 20. Section 38.210(b), Education Code, is amended
	573	+	SECTION 19. Section 38.210(b), Education Code, is amended
583	574		to read as follows:
584	575		(b) Training required under this section must:
585	576		(1) include information on:
586	577		(A) recognizing the signs and symptoms of
587	578		anaphylaxis;
588	579		(B) administering an epinephrine auto-injector;
589	580		(C) implementing emergency procedures, if
590	581		necessary, after administering an epinephrine auto-injector; and
591	582		(D) properly disposing of used or expired
592	583		epinephrine auto-injectors; [and]
593	584		(2) be provided in a formal training session or
594	585		through online education; and
595	586		(3) be provided in accordance with the policy adopted
596	587		under Section 21.4515 [and be completed annually].
597		-	SECTION 21. Section 38.351(h), Education Code, is amended
	588	+	SECTION 20. Section 38.351(h), Education Code, is amended
598	589		to read as follows:
599	590		(h) If a school district provides the training under
600	591		Subsection (g), the school district shall:
601	592		(1) require completion of the training in accordance
602	593		with the policy adopted under Section 21.4515 [a school district
603	594		employee described under that subsection must participate in the
604	595		training at least one time]; and
605	596		(2) [the school district shall] maintain records that
606	597		include the [name of each] district employees [employee] who
607	598		participated in the training.
608		-	SECTION 22. Section 39.0304, Education Code, is amended by
	599	+	SECTION 21. Section 39.0304, Education Code, is amended by
609	600		amending Subsection (a) and adding Subsections (b-1) and (b-2) to
610	601		read as follows:
611	602		(a) To ensure that each administration of assessment
612	603		instruments under Section 39.023 is valid, reliable, and in
613	604		compliance with the requirements of this subchapter, the
614	605		commissioner may require training for school district employees
615	606		involved in the administration of the assessment instruments,
616	607		subject to Subsection (b-1).
617	608		(b-1) The commissioner may only require the employee at each
618	609		district campus who oversees the administration of the assessment
619	610		instruments to annually receive the training required under
620	611		Subsection (a).
621	612		(b-2) The school district employee who oversees test
622	613		administration on a district campus may, with discretion, require
623	614		other district employees involved in the administration of
624	615		assessment instruments to repeat the training under Subsection (a).
625		-	SECTION 23. Section 39.408, Education Code, is amended to
	616	+	SECTION 22. Section 39.408, Education Code, is amended to
626	617		read as follows:
627	618		Sec. 39.408. ELIGIBILITY CRITERIA FOR CERTAIN GRANT
628	619		PROGRAMS. A school district or campus is eligible to participate in
629	620		programs under Sections [21.4541,] 29.095[,] and 29.096 if the
630	621		district or campus exhibited during each of the three preceding
631	622		school years characteristics that strongly correlate with high
632	623		dropout rates.
633		-	SECTION 24. The following provisions of the Education Code
	624	+	SECTION 23. The following provisions of the Education Code
634	625		are repealed:
635	626		(1) Section 21.054(d-2), as amended by Chapter 464
636	627		(S.B. 11) and Chapter 352 (H.B. 18), Acts of the 86th Legislature,
637	628		Regular Session, 2019;
638	629		(2) Section 21.054(e-2);
639	630		(3) Section 21.454;
640	631		(4) Section 21.4541;
641	632		(5) Section 21.455;
642	633		(6) Section 21.4551;
643	634		(7) Section 21.4554;
644	635		(8) Section 28.013(d);
645	636		(9) Sections 33.202(d), (e), and (f);
646	637		(10) Section 34.0021; and
647	638		(11) Section 38.036(e).
648		-	SECTION 25. To the extent of any conflict, this Act prevails
	639	+	SECTION 24. To the extent of any conflict, this Act prevails
649	640		over another Act of the 87th Legislature, Regular Session, 2021,
650	641		relating to nonsubstantive additions to and corrections in enacted
651	642		codes.
652		-	SECTION 26. (a) Not later than June 1, 2022, the State
	643	+	SECTION 25. (a) Not later than June 1, 2022, the State
653	644		Board for Educator Certification shall publish the continuing
654	645		education and training clearinghouse required by Section 21.4514,
655	646		Education Code, as added by this Act.
656	647		(b) Not later than August 1, 2022, each school district
657	648		shall adopt a professional development policy for district
658	649		personnel in accordance with Section 21.4515, Education Code, as
659	650		added by this Act.
660	651		(c) Except as provided by Subsection (b) of this section,
661	652		this Act applies beginning with the 2021-2022 school year.
662		-	SECTION 27. The Texas Education Agency is required to
	653	+	SECTION 26. The Texas Education Agency is required to
663	654		implement a provision of this Act only if the legislature
664	655		appropriates money specifically for that purpose. If the
665	656		legislature does not appropriate money specifically for that
666	657		purpose, the Texas Education Agency may, but is not required to,
667	658		implement a provision of this Act using other appropriations
668	659		available for that purpose.
669		-	SECTION 28. This Act takes effect immediately if it
	660	+	SECTION 27. This Act takes effect immediately if it
670	661		receives a vote of two-thirds of all the members elected to each
671	662		house, as provided by Section 39, Article III, Texas Constitution.
672	663		If this Act does not receive the vote necessary for immediate
673	664		effect, this Act takes effect September 1, 2021.
674		-	______________________________ ______________________________
675		-	President of the Senate Speaker of the House
676		-	I hereby certify that S.B. No. 1267 passed the Senate on
677		-	April 21, 2021, by the following vote: Yeas 31, Nays 0;
678		-	May 28, 2021, Senate refused to concur in House amendments and
679		-	requested appointment of Conference Committee; May 28, 2021, House
680		-	granted request of the Senate; May 30, 2021, Senate adopted
681		-	Conference Committee Report by the following vote: Yeas 30,
682		-	Nays 1.
683		-	______________________________
684		-	Secretary of the Senate
685		-	I hereby certify that S.B. No. 1267 passed the House, with
686		-	amendments, on May 25, 2021, by the following vote: Yeas 112,
687		-	Nays 27, two present not voting; May 28, 2021, House granted
688		-	request of the Senate for appointment of Conference Committee;
689		-	May 30, 2021, House adopted Conference Committee Report by the
690		-	following vote: Yeas 138, Nays 5, one present not voting.
691		-	______________________________
692		-	Chief Clerk of the House
693		-	Approved:
694		-	______________________________
695		-	Date
696		-	______________________________
697		-	Governor