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A BILL TO BE ENTITLED
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AN ACT
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relating to special education-related requirements, including the |
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provision of certain services, the composition of the State Board |
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for Educator Certification, and certain educator requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.051(d), Education Code, is amended to |
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read as follows: |
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(d) Each regional education service center shall maintain |
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core services for purchase by school districts and campuses. The |
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core services are: |
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(1) training and assistance in: |
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(A) teaching each subject area assessed under |
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Section 39.023; and |
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(B) providing instruction in personal financial |
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literacy as required under Section 28.0021; |
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(2) training and assistance in providing each program |
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that qualifies for a funding allotment under Section 42.151, |
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42.152, 42.153, or 42.156; |
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(3) assistance specifically designed for a school |
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district or campus assigned an unacceptable performance rating |
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under Section 39.054; |
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(4) training and assistance to teachers, |
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administrators, members of district boards of trustees, and members |
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of site-based decision-making committees; |
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(5) assistance specifically designed for a school |
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district that is considered out of compliance with state or federal |
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special education requirements, based on the agency's most recent |
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compliance review of the district's special education programs; |
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[and] |
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(6) assistance in complying with state laws and rules; |
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and |
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(7) assistance provided through responsive remote |
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video coaching to guide teachers in rural areas through the |
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delivery of instruction and services to students with disabilities |
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as needed through existing agency infrastructure. |
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SECTION 2. Section 21.033(a), Education Code, is amended to |
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read as follows: |
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(a) The State Board for Educator Certification is composed |
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of 15 members. The commissioner of education shall appoint an |
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employee of the agency to represent the commissioner as a nonvoting |
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member. The commissioner of higher education shall appoint an |
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employee of the Texas Higher Education Coordinating Board to |
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represent the commissioner as a nonvoting member. The governor |
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shall appoint two nonvoting members. The governor shall appoint a |
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dean of a college of education in this state as one of the nonvoting |
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members. The governor shall appoint a person who has experience |
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working for and knowledge of an alternative educator preparation |
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program and who is not affiliated with an institution of higher |
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education as one of the nonvoting members. The remaining 11 members |
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are appointed by the governor with the advice and consent of the |
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senate, as follows: |
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(1) four members must be teachers employed in public |
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schools, one of whom must hold a certificate issued under this |
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subchapter in special education and have classroom experience; |
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(2) two members must be public school administrators; |
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(3) one member must be a public school counselor; and |
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(4) four members must be citizens, three of whom are |
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not and have not, in the five years preceding appointment, been |
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employed by a public school district or by an educator preparation |
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program in an institution of higher education and one of whom is not |
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and has not been employed by a public school district or by an |
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educator preparation program in an institution of higher education. |
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SECTION 3. Section 21.051, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The board shall propose rules to establish a minimum |
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requirement for field-based experience in which a candidate is |
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actively engaged in instructional or educational activities to |
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implement an individualized education program for a student with a |
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disability. The requirement under this subsection applies only to |
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an initial certification issued on or after September 1, 2020. This |
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requirement does not affect: |
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(1) the validity of a certification issued before |
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September 1, 2020; or |
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(2) the eligibility of a person who holds a |
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certification issued before September 1, 2020, to obtain a |
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subsequent renewal of the certification in accordance with board |
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rule. |
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SECTION 4. Section 21.451, Education Code, is amended by |
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adding Subsections (d-4) and (d-5) and amending Subsection (e) to |
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read as follows: |
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(d-4) Subject to Subsection (e), the training relating to |
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instruction of students with disabilities required under |
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Subsection (d)(2) must: |
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(1) be developed by the agency in collaboration with |
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regional education service centers; |
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(2) be competency-based, interactive, and |
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experiential, including providing educators the opportunity to |
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integrate learned skills through demonstration, observation, |
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collaboration, fieldwork, and reflection in different |
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instructional contexts; |
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(3) be delivered in person; |
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(4) include at least four hours of instruction; |
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(5) be provided on an annual basis, as part of new |
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educator orientation to new school district and open-enrollment |
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charter school educators; and |
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(6) be provided on a schedule adopted by the agency by |
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rule to existing school district and open-enrollment charter school |
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educators who are responsible for classroom implementation of a |
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student's individualized education program. |
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(d-5) The training relating to instruction of students with |
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disabilities required under Subsection (d)(2) must require that the |
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person demonstrate: |
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(1) basic knowledge of each disability category under |
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the Individuals with Disabilities Education Act (20 U.S.C. Section |
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1400 et seq.) and how each category can affect student learning and |
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development; |
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(2) competence in the use of proactive instructional |
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planning techniques that: |
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(A) provide flexibility in the ways: |
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(i) information is presented; |
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(ii) students respond or demonstrate |
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knowledge and skills; and |
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(iii) students are engaged; |
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(B) reduce barriers in instruction; |
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(C) provide appropriate accommodations, |
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supports, and challenges; and |
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(D) maintain high achievement expectations for |
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all students, including students with disabilities and students of |
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limited English proficiency; and |
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(3) competence in the use of evidence-based inclusive |
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instructional practices, including: |
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(A) general and special education collaborative |
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and co-teaching models and approaches; |
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(B) multitiered systems of support, including |
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response to intervention strategies, classroom and school level |
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data-based collaborative structures, and evidence-based strategies |
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for intervention and progress monitoring systems in academic areas; |
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(C) classroom management techniques using |
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evidence-based behavioral intervention strategies and supports; |
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and |
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(D) appropriate adaptation strategies, including |
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accommodations, modifications, and instruction in the use of |
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assistive technology for instruction. |
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(e) A school district is required to provide the training |
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described by Subsection (d)(2) to an educator who works primarily |
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outside the area of special education only if the educator has |
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[does] not completed equivalent training approved by the agency |
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[possess the knowledge and skills necessary to implement the
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individualized education program developed for a student receiving
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instruction from the educator. A district may determine the time
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and place at which the training is delivered]. |
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SECTION 5. The change in law made by this Act to Section |
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21.033(a)(1), Education Code, requiring that one member of the |
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State Board for Educator Certification be a teacher who holds a |
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certificate issued under Subchapter B, Chapter 21, Education Code, |
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in special education does not affect the entitlement of teacher |
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members serving on the board immediately before the effective date |
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of this Act to continue to carry out the members' duties for the |
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remainder of the members' terms. The governor shall appoint a |
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teacher member who meets the requirements under Section |
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21.033(a)(1), Education Code, as amended by this Act, on the first |
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vacancy that occurs after the effective date of this Act of a board |
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position held by a teacher member. |
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SECTION 6. The State Board for Educator Certification shall |
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propose rules as required by Section 21.051(g), Education Code, as |
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added by this Act, as soon as practicable following the effective |
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date of this Act. |
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SECTION 7. Sections 8.051 and 21.451, Education Code, as |
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amended by this Act, apply beginning with the 2019-2020 school |
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year. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |