BILL ANALYSIS

C.S.H.B. 4064

By: Bohac

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are concerns that teachers are not receiving adequate professional development with regard to the use of technology in the classroom. C.S.H.B. 4064 seeks to address this issue by expanding staff development and continuing education requirements for public school educators regarding digital education methods.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the State Board for Educator Certification in SECTION 4 of this bill.

ANALYSIS

C.S.H.B. 4064 amends the Education Code to require any minimum academic qualifications specified by the State Board for Educator Certification (SBEC) for an educator's certificate that require a person to possess a bachelor's degree to require also 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 bill requires the digital learning instruction to be aligned with the International Society for Technology in Education's standards for teachers, to provide effective, evidence-based strategies to determine a person's degree of digital literacy, and to include resources to address any deficiencies identified by the digital literacy evaluation. The bill includes instruction regarding digital learning and digital teaching in certain continuing education requirements for a classroom teacher and a principal.

C.S.H.B. 4064 requires the SBEC to propose rules allowing an educator to receive credit toward the educator's continuing education requirements for completion of education courses that use technology to increase the educator's digital literacy and that assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices. The bill includes training in digital learning among the authorized components of staff development for an educator other than a principal and requires such training to discuss basic technology proficiency expectations and methods to increase an educator's digital literacy and to assist an educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices. The bill changes the type of training relating to instruction of students with disabilities by educators who work primarily outside the area of special education that is included in the staff development from training based on scientifically based research, as defined by the federal No Child Left Behind Act of 2001, to training that is evidence-based, as defined by the federal Every Student Succeeds Act.

C.S.H.B. 4064 defines "digital learning" as any type of learning that is facilitated by technology or instructional practice that makes effective use of technology and "digital literacy" as having the knowledge and ability to use a range of technology tools for varied purposes, including the capacity to use, understand, and evaluate technology for use in education settings.

C.S.H.B. 4064 applies beginning with the 2017-2018 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 4064 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
No equivalent provision.	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 1. Section 21.044, Education Code, is amended.	SECTION 2. Same as introduced version.
SECTION 2. Section 21.054, Education Code, is amended.	SECTION 3. Same as introduced version except for recitation.
SECTION 3. Subchapter B, Chapter 21, Education Code, is amended.	SECTION 4. Substantially the same as introduced version.
SECTION 4. Section 21.451, Education Code, is amended by adding Subsection (b-1) and amending Subsection (d) to read as follows: (b-1) The staff development described 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. (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. (See Sec. 21.451(b-1) above.)	SECTION 5. Section 21.451, Education Code, is amended by amending Subsection (d) and adding Subsection (d-3) to read as follows: (See Sec. 21.451(d-3) below.) (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 5. This Act applies beginning with the 2017-2018 school year.	SECTION 6. Same as introduced version.
SECTION 6. 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.	SECTION 7. Same as introduced version.