87R4894 JES-D

By: Lozano H.B. No. 3804

A BILL TO BE ENTITLED

AN ACT

relating to continuing education and training requirements for educators and other school district personnel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.058, Education Code, is amended to read as follows:

Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND PROGRAM EFFECTIVENESS. From funds appropriated for the purpose, the commissioner shall award to one or more institutions that have demonstrated an ability to conduct science-based research on effective instructional strategies that improve student performance in mathematics a grant to be used to:

(1) develop and identify research on mathematics skills acquisition and student learning in mathematics;

(2) monitor the effectiveness of mathematics achievement academies [professional development institutes] under Section 21.4553 [21.455] based on performance in mathematics by the students of teachers who have attended an academy [institute];

(3) examine the effect of mathematics achievement academies [professional development institutes] on the classroom performance of teachers who have attended an academy [institute];

(4) identify common practices used at high-performing school campuses that lead to improved student performance in mathematics; and

(5) develop research on cognitive development in children concerning mathematics skills development.

SECTION 2. Section 11.175, Education Code, is amended by adding Subsection (g) to read as follows:

(g) Notwithstanding Section 2054.5191, Government Code, only the district's cybersecurity coordinator is required to complete the cybersecurity training under that section on an annual basis. Any other school district employee required to complete the cybersecurity training shall complete the training as determined by the district, in consultation with the district's cybersecurity coordinator.

SECTION 3. Sections 21.054(d), (e), and (f), Education Code, are amended to read as follows:

(d) Continuing education requirements for a classroom teacher must provide that not more than [at least] 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;

(4) educating diverse student populations, including:

(A) [students who are eligible to participate in special education programs under Subchapter A, Chapter 29;

[(B) students who are eligible to receive educational services required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);

[(C)] students with mental health conditions or who engage in substance abuse;

(B) [(D)] students with intellectual or developmental disabilities;

(C) [(E)] students who are educationally disadvantaged; and

(D) [(F) students of limited English proficiency; and

[(G)] students at risk of dropping out of school; and

(5) understanding appropriate relationships, boundaries, and communications between educators and students[; and

[(6) how mental health conditions, including grief and trauma, affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma].

(e) Continuing education requirements for a principal must provide that not more than [at least] 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;

(4) effective implementation of a comprehensive school counseling program under Section 33.005;

(5) mental health programs addressing a mental health condition;

(6) educating diverse student populations, including:

(A) [students who are eligible to participate in special education programs under Subchapter A, Chapter 29;

[(B)] students with intellectual or developmental disabilities;

[(C) students who are eligible to receive educational services required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);]

(B) [(D)] students with mental health conditions or who engage in substance abuse;

(C) [(E)] students who are educationally disadvantaged;

(D) [(F)] students of limited English proficiency; and

(E) [(G)] students at risk of dropping out of school; and

(7) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Section 21.12, Penal Code, or for which reporting is required under Section 21.006 of this code[; and

[(8) how mental health conditions, including grief and trauma, affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma].

(f) Continuing education requirements for a counselor must provide that not more than [at least] 25 percent of training required every five years include instruction regarding:

(1) assisting students in developing high school graduation plans;

(2) implementing dropout prevention strategies; and

(3) [informing students concerning:

[(A) college admissions, including college financial aid resources and application procedures; and

[(B) career opportunities;

[(4) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and

[(5)] effective implementation of a comprehensive school counseling program under Section 33.005.

SECTION 4. Sections 21.451(d), (d-1), and (d-3), Education Code, are amended to read as follows:

(d) The staff development:

(1) may include training in:

(A) technology and digital learning; and

(B) positive behavior intervention and support strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Chapter 37; [and

[(C) 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, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:

(A) relates to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and

(B) is designed for educators who work primarily outside the area of special education; and

(3) must include training on:

(A) suicide prevention;

(B) [recognizing signs of mental health conditions and substance abuse;

[(C)] strategies for establishing and maintaining positive relationships among students, including conflict resolution;

[(D) how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma;] and

(C) [(E)] preventing, identifying, responding to, and reporting incidents of bullying.

(d-1) The training required by Subsection (d)(3):

(1) must:

(A) be provided in accordance with the frequency requirement adopted for the training under Section 21.4515; [:

[(i) on an annual basis, as part of a new employee orientation, to all new school district and open-enrollment charter school educators; and

[(ii) to existing school district and open-enrollment charter school educators on a schedule adopted by the agency by rule;] and

(B) use a best practice-based program recommended by the Health and Human Services Commission in coordination with the agency under Section 38.351; and

(2) may include two or more listed topics together.

(d-3) The technology and digital learning training provided by Subsection (d)(1)(A) [(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. Subchapter J, Chapter 21, Education Code, is amended by adding Sections 21.4514 and 21.4515 to read as follows:

Sec. 21.4514. CONTINUING EDUCATION AND TRAINING CLEARINGHOUSE. (a) The State Board for Educator Certification shall develop and publish a comprehensive clearinghouse of information regarding continuing education and training requirements of:

(1) educators; and

(2) other school personnel.

(b) The clearinghouse must include the recommendations of the State Board for Educator Certification regarding the frequency for the completion of each continuing education or training by educators or other school personnel based on best practices and industry recommendations for the provision of that continuing education or training.

Sec. 21.4515. FREQUENCY REQUIREMENTS FOR COMPLETION OF TRAININGS. (a) The board of trustees of a school district and the governing body of an open-enrollment charter school, to the extent applicable, shall annually review the clearinghouse developed under Section 21.4514 and adopt frequency requirements for the completion of each required continuing education or training for which a frequency is not provided by statute. In adopting the frequency requirements, the board of trustees or the governing body must consider the recommendations provided in the clearinghouse but may adjust the required frequency for the completion of each continuing education or training to best meet the needs of the district or school.

(b) To the extent of any conflict, a frequency requirement for the completion of continuing education or training adopted by the board of trustees of a school district or the governing body of an open-enrollment charter school under Subsection (a) prevails over a state agency rule regarding a required frequency for the completion of continuing education or training for which a required frequency is not provided by statute, including a rule requiring training on exposure to bloodborne pathogens.

SECTION 6. Section 21.4552, Education Code, is amended by amending Subsections (a), (b), and (c) and adding Subsection (b-1) to read as follows:

(a) The commissioner shall develop and make available literacy achievement academies for teachers who provide reading instruction to students at any grade level [at the kindergarten or first, second, or third grade level].

(b) A literacy achievement academy developed under this section:

(1) for teachers who provide reading instruction to students at the kindergarten or first, second, or third grade level:

(A) [(1)] must include training in:

(i) [(A)] effective and systematic instructional practices in reading, including phonemic awareness, phonics, fluency, vocabulary, and comprehension; and

(ii) [(B)] the use of empirically validated instructional methods that are appropriate for struggling readers; and

(B) [(2)] may include training in effective instructional practices in writing;

(2) for teachers who provide reading instruction to students at the fourth or fifth grade level:

(A) must include effective instructional practices that promote student development of reading comprehension and inferential and critical thinking;

(B) must provide training in the use of empirically validated instructional methods that are appropriate for struggling readers; and

(C) may include material on writing instruction;

(3) for teachers who provide reading instruction to students at the seventh or eighth grade level, must include training in:

(A) administration of the reading instrument required by Section 28.006(c-1); and

(B) interpretation of the results of the reading instrument required by Section 28.006(c-1) and strategies, based on scientific research regarding effective reading instruction, for long-term intensive intervention to target identified student needs in word recognition, vocabulary, fluency, and comprehension;

(4) for teachers who provide reading instruction to students at the sixth, seventh, or eighth grade level, must include training in:

(A) strategies to be implemented in English language arts and other subject areas for multisyllable word reading, vocabulary development, and comprehension of expository and narrative text;

(B) an adaptation framework that enables teachers to respond to differing student strengths and needs, including adaptations for students of limited English proficiency or students receiving special education services under Subchapter A, Chapter 29;

(C) collaborative strategies to increase active student involvement and motivation to read; and

(D) other areas identified by the commissioner as essential components of reading instruction; and

(5) for teachers who provide instruction in mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level, must include training in:

(A) strategies for incorporating reading instruction into the curriculum for the subject area taught by the teacher; and

(B) other areas identified by the commissioner.

(b-1) The completion of a literacy achievement academy under this section by an educator who teaches students with dyslexia satisfies the training requirement under Section 21.054(b).

(c) The commissioner shall adopt criteria for selecting teachers who may attend a literacy achievement academy. In adopting selection criteria under this subsection, the commissioner shall:

(1) require a teacher to attend a literacy achievement academy if the teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus that fails to satisfy any standard under Section 39.054(e) on the basis of student performance on the reading assessment instrument administered under Section 39.023(a) to students in any grade level at the campus;

(2) grant [granting a] priority to teachers employed by a school district at a campus at which 50 percent or more of the students enrolled are educationally disadvantaged; and

(3) [(2)] provide a process through which a teacher not employed at a campus described by Subdivision (2) [(1)] may attend the academy if the academy has available space and the school district employing the teacher pays the costs of the teacher's attendance.

SECTION 7. Sections 21.4553(a) and (b), Education Code, are amended to read as follows:

(a) The commissioner shall develop and make available mathematics achievement academies for teachers who provide mathematics instruction to students at any grade level [the kindergarten or first, second, or third grade level].

(b) A mathematics achievement academy developed under this section must, if appropriate for the grade level at which the teacher provides instruction, include training in:

(1) effective and systematic instructional practices in mathematics, including problem solving, the place value system, whole number operations, and fractions;

(2) the underlying mathematical skills required to be taught; and

(3) mathematical instruction techniques that, through scientific testing, have been proven effective.

SECTION 8. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.4571 to read as follows:

Sec. 21.4571. TEXAS ENGLISH LANGUAGE PROFICIENCY ASSESSMENT SYSTEM TRAINING. (a) The commissioner may not require a school district employee to repeat training the employee has previously successfully completed related to administering the Texas English Language Proficiency Assessment System, except that the commissioner may require the employee to complete training consisting of online calibration activities if the administration of or assessment using the Texas English Language Proficiency Assessment System has changed since the employee completed the training.

(b) The school district employee assigned to oversee the administration of the Texas English Language Proficiency Assessment System at a district campus may, with discretion, require other district employees involved in administering the Texas English Language Proficiency Assessment System to complete training described by Subsection (a).

(c) A school district employee may not be required to complete a training described by Subsection (a) in one sitting.

SECTION 9. Sections 21.458(b) and (b-1), Education Code, are amended to read as follows:

(b) The commissioner shall adopt rules necessary to administer this section, including rules concerning the duties and qualifications of a teacher who serves as a mentor and the number of classroom teachers that may be assigned to a mentor. The rules concerning qualifications must require that to serve as a mentor a teacher must:

(1) complete a research-based mentor and induction training program approved by the commissioner;

(2) complete a mentor training program provided by the district, which the district may allow to be satisfied by completing the training program described by Subdivision (1);

(3) have at least three complete years of teaching experience with a superior record of assisting students, as a whole, in achieving improvement in student performance; and

(4) demonstrate interpersonal skills, instructional effectiveness, and leadership skills.

(b-1) A school district must provide training as described by Subsection (b)(2) to mentor teachers and any appropriate district and campus employees who work with the classroom teacher or supervise the classroom teacher. A district may allow a training program approved by the commissioner under Subsection (b)(1) to qualify for the training required by this section. The training must be completed by the mentor teacher and the district and campus employees before the beginning of the school year. The district shall also provide supplemental training to mentor teachers and employees during the school year. The training must include content related to best mentorship practices.

SECTION 10. Section 22.902, Education Code, is amended by amending Subsection (a) and adding Subsection (c-1) to read as follows:

(a) A school district shall [annually] make available to district employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Section 779.001, Health and Safety Code.

(c-1) Each school district shall adopt procedures for each person required to be certified under Subsection (c) to submit proof of current certification. Procedures adopted by a district under this section must include the time and manner in which proof of current certification must be submitted.

SECTION 11. Section 28.006(g-1), Education Code, is amended to read as follows:

(g-1) A school district shall provide additional reading instruction and intervention to each student in seventh grade assessed under Subsection (c-1), as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument. Training and support for activities required by this subsection shall be provided by regional education service centers and teacher literacy achievement [reading] academies established under Section 21.4552 [21.4551], and may be provided by other public and private providers.

SECTION 12. Section 28.0062(a), Education Code, is amended to read as follows:

(a) Each school district and open-enrollment charter school shall:

(1) provide for the use of a phonics curriculum that uses systematic direct instruction in kindergarten through third grade to ensure all students obtain necessary early literacy skills;

(2) ensure that:

(A) not later than the 2022-2023 [2021-2022] school year, each classroom teacher in kindergarten or first, second, or third grade and each principal at a campus with kindergarten or first, second, or third grade has attended a teacher literacy achievement academy developed under Section 21.4552; and

(B) each classroom teacher and each principal initially employed in a grade level or at a campus described by Paragraph (A) for the 2022-2023 [2021-2022] school year or a subsequent school year has attended a teacher literacy achievement academy developed under Section 21.4552 before the teacher's or principal's first year of placement in that grade level or campus; and

(3) certify to the agency that the district or school:

(A) prioritizes placement of highly effective teachers in kindergarten through second grade; and

(B) has integrated reading instruments used to diagnose reading development and comprehension to support each student in prekindergarten through third grade.

SECTION 13. Section 29.063, Education Code, is amended by adding Subsection (e) to read as follows:

(e) The agency may not require members of a language proficiency assessment committee to complete training to serve on that committee.

SECTION 14. Sections 33.202(b) and (c), Education Code, are amended to read as follows:

(b) The following persons must satisfactorily complete the safety training program in accordance with the frequency requirement adopted under Section 21.4515:

(1) a coach, trainer, or sponsor for an extracurricular athletic activity; and

(2) [except as provided by Subsection (f), a physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity; and

[(3)] a director responsible for a school marching band.

(c) The safety training program must include:

(1) certification of participants by the American Red Cross, the American Heart Association, or a similar organization or by the University Interscholastic League;

(2) current training in:

(A) emergency action planning;

(B) [cardiopulmonary resuscitation if the person is not required to obtain certification under Section 33.086;

[(C)] communicating effectively with 9-1-1 emergency service operators and other emergency personnel; and

(C) [(D)] recognizing symptoms of potentially catastrophic injuries, including head and neck injuries, concussions, injuries related to second impact syndrome, asthma attacks, heatstroke, cardiac arrest, and injuries requiring use of a defibrillator; and

(3) [at least once each school year,] a safety drill that incorporates the training described by Subdivision (2) and simulates various injuries described by Subdivision (2)(C) [(2)(D)].

SECTION 15. Section 37.0831(b), Education Code, is amended to read as follows:

(b) A dating violence policy must:

(1) include a definition of dating violence that includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship, as defined by Section 71.0021, Family Code; and

(2) address safety planning, enforcement of protective orders, school-based alternatives to protective orders, training for teachers and administrators at each district campus that instructs students in grade six or higher, counseling for affected students, and awareness education for students and parents.

SECTION 16. Sections 38.0041(c) and (d), Education Code, are amended to read as follows:

(c) The methods under Subsection (b)(1) for increasing awareness of issues regarding sexual abuse, sex trafficking, and other maltreatment of children must include training, as provided by this subsection, concerning prevention techniques for and recognition of sexual abuse, sex trafficking, and all other maltreatment of children, including the sexual abuse, sex trafficking, and other maltreatment of children with significant cognitive disabilities. The training:

(1) must be provided in accordance with the frequency requirement adopted for the training under Section 21.4515 [, as part of a new employee orientation, to all new school district and open-enrollment charter school employees and to existing district and open-enrollment charter school employees on a schedule adopted by the agency by rule until all district and open-enrollment charter school employees have taken the training]; and

(2) must include training concerning:

(A) factors indicating a child is at risk for sexual abuse, sex trafficking, or other maltreatment;

(B) likely warning signs indicating a child may be a victim of sexual abuse, sex trafficking, or other maltreatment;

(C) internal procedures for seeking assistance for a child who is at risk for sexual abuse, sex trafficking, or other maltreatment, including referral to a school counselor, a social worker, or another mental health professional;

(D) techniques for reducing a child's risk of sexual abuse, sex trafficking, or other maltreatment; and

(E) community organizations that have relevant existing research-based programs that are able to provide training or other education for school district or open-enrollment charter school staff members, students, and parents.

(d) For any training under Subsection (c), each school district and open-enrollment charter school shall maintain records that include the number [name] of [each] district or charter school staff members [member] who participated in the training.

SECTION 17. Section 38.030(g), Education Code, is amended to read as follows:

(g) The course of instruction for training described under Subsection (f) may [not] be provided as an online course. The course of instruction must use nationally recognized, evidence-based guidelines for bleeding control and must incorporate instruction on the psychomotor skills necessary to use a bleeding control station in the event of an injury to another person, including instruction on proper chest seal placement.

SECTION 18. Section 38.036, Education Code, is amended by amending Subsections (c) and (d) and adding Subsection (c-1) to read as follows:

(c) The methods under Subsection (b)(1) for increasing awareness and implementation of trauma-informed care must include training as provided by this subsection. The training must:

(1) be provided:

(A) [(1)] through a program selected from the list of recommended best practice-based programs and research-based practices established under Section 38.351 [161.325, Health and Safety Code]; and

(B) in accordance with the frequency requirement adopted for the training under Section 21.4515 [(2) as part of any new employee orientation for all new school district educators]; and

(2) address how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma

[(3) to existing school district educators on a schedule adopted by the agency by rule that requires educators to be trained at intervals necessary to keep educators informed of developments in the field].

(c-1) The training under Subsection (c) may include two or more listed topics together.

(d) For any training under Subsection (c), each school district shall maintain records that include the number [name] of [each] district staff members [member] who participated in the training.

SECTION 19. Section 38.210(b), Education Code, is amended to read as follows:

(b) Training required under this section must:

(1) include information on:

(A) recognizing the signs and symptoms of anaphylaxis;

(B) administering an epinephrine auto-injector;

(C) implementing emergency procedures, if necessary, after administering an epinephrine auto-injector; and

(D) properly disposing of used or expired epinephrine auto-injectors; [and]

(2) be provided in a formal training session or through online education; and

(3) be provided before the beginning of the school year or as soon as practicable following:

(A) the enrollment of a student with a diagnosed food allergy at risk for anaphylaxis at a campus that previously had no students with a diagnosed food allergy at risk for anaphylaxis; or

(B) a diagnosis of a student with a food allergy that makes the student at risk for anaphylaxis at a campus that previously had no students with a diagnosed food allergy at risk for anaphylaxis [and be completed annually].

SECTION 20. Section 38.351(h), Education Code, is amended to read as follows:

(h) If a school district provides the training under Subsection (g), the school district shall:

(1) require completion of the training in accordance with the frequency requirement established for that training under Section 21.4515 [a school district employee described under that subsection must participate in the training at least one time]; and

(2) [the school district shall] maintain records that include the number of [name of each] district employees [employee] who participated in the training.

SECTION 21. Section 39.0304, Education Code, is amended by amending Subsection (a) and adding Subsections (b-1) and (b-2) to read as follows:

(a) To ensure that each administration of assessment instruments under Section 39.023 is valid, reliable, and in compliance with the requirements of this subchapter, the commissioner may require training for school district employees involved in the administration of the assessment instruments, subject to Subsection (b-1).

(b-1) The commissioner may only require the employee at each district campus who oversees the administration of the assessment instruments to annually receive the training required under Subsection (a).

(b-2) The school district employee who oversees test administration on a district campus may, with discretion, require other district employees involved in the administration of assessment instruments to repeat the training under Subsection (a).

SECTION 22. Section 39.408, Education Code, is amended to read as follows:

Sec. 39.408. ELIGIBILITY CRITERIA FOR CERTAIN GRANT PROGRAMS. A school district or campus is eligible to participate in programs under Sections [21.4541,] 29.095[,] and 29.096 if the district or campus exhibited during each of the three preceding school years characteristics that strongly correlate with high dropout rates.

SECTION 23. The following provisions of the Education Code are repealed:

(1) Section 21.054(d-2), as amended by Chapter 464 (S.B. 11) and Chapter 352 (H.B. 18), Acts of the 86th Legislature, Regular Session, 2019;

(2) Section 21.054(e-2);

(3) Section 21.454;

(4) Section 21.4541;

(5) Section 21.455;

(6) Section 21.4551;

(7) Section 21.4554;

(8) Section 21.457;

(9) Section 28.013(d);

(10) Section 33.086;

(11) Sections 33.202(d), (e), and (f);

(12) Section 34.0021; and

(13) Section 38.036(e).

SECTION 24. To the extent of any conflict, this Act prevails over another Act of the 87th Legislature, Regular Session, 2021, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 25. (a) Not later than June 1, 2022, the State Board for Educator Certification shall develop the continuing education and training clearinghouse required by Section 21.4514, Education Code, as added by this Act.

(b) Not later than August 1, 2022, each school district shall establish frequency requirements for continuing education and training for district personnel in accordance with Section 21.4515, Education Code, as added by this Act. District personnel who are required to complete continuing education or training that is subject to Section 21.4515, Education Code, as added by this Act, must complete the continuing education or training in accordance with the frequency requirement established under Section 21.4515, Education Code, as added by this Act, beginning with the 2022-2023 school year.

(c) Except as provided by Subsection (b) of this section, this Act applies beginning with the 2021-2022 school year.

SECTION 26. 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, 2021.