S.B. No. 1267
 
 
 
 
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.  Section 21.054, Education Code, is amended by
  adding Subsection (a-1) and amending Subsections (d), (e), and (f)
  to read as follows:
         (a-1)  Continuing education requirements for educators must
  include training regarding educating students with disabilities.
         (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;
                     [(D)  students with intellectual or developmental
  disabilities;
                     [(E)]  students who are educationally
  disadvantaged; and
                     (B) [(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);
                     [(D)  students with mental health conditions or
  who engage in substance abuse;
                     [(E)]  students who are educationally
  disadvantaged;
                     (B) [(F)]  students of limited English
  proficiency; and
                     (C) [(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;
               (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 policy
  adopted 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; ADVISORY GROUP. (a)  In this section:
               (1)  "Board" means the State Board for Educator
  Certification.
               (2)  "Clearinghouse advisory group" means the
  clearinghouse advisory group established under Subsection (d).
         (b)  The board shall publish a comprehensive clearinghouse
  of information regarding continuing education and training
  requirements for:
               (1)  educators; and
               (2)  other school personnel.
         (c)  The clearinghouse must:
               (1)  include best practices and industry
  recommendations for the frequency for training of educators and
  other school personnel; and
               (2)  be published in consultation with the
  clearinghouse advisory group.
         (d)  The board shall establish a clearinghouse advisory
  group consisting of educators, including classroom teachers, and
  representatives of organizations that represent educators to
  review and provide input regarding the best practices and industry
  recommendations included in the clearinghouse.  In publishing the
  clearinghouse, the board shall ensure the clearinghouse reflects
  input provided by the clearinghouse advisory group. 
         (e)  Not later than December 1 of each even-numbered year,
  the clearinghouse advisory group shall complete a review of the
  clearinghouse and submit a report to the legislature of the group's
  recommendations regarding whether any required continuing
  education or training may be reduced, eliminated, or consolidated
  with other existing continuing education or training.
         Sec. 21.4515.  ANNUAL ADOPTION OF PROFESSIONAL DEVELOPMENT
  POLICY. (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 published
  under Section 21.4514 and adopt a professional development policy
  that must:
               (1)  be guided by the recommendations for training in
  the clearinghouse; 
               (2)  note any differences in the policy adopted by the
  district or school from the recommendations in the clearinghouse;
  and
               (3)  include a schedule of all training required for
  educators or other school personnel at the district or school.
         (b)  To the extent of any conflict, a frequency requirement
  for the completion of training provided by statute prevails over a
  frequency requirement for that training included in the policy
  adopted by the board of trustees of a school district or the
  governing body of an open-enrollment charter school under
  Subsection (a).
         (c)  The commissioner may not adopt rules regarding a
  required frequency for the completion of training unless:
               (1)  a frequency is provided by statute for that
  training; and
               (2)  the commissioner is granted explicit rulemaking
  authority related to that training.
         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 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;
               (4)  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;
  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:
               (1)  the training requirement under Section 21.054(b);
  and
               (2)  a training requirement adopted by the State Board
  of Education pursuant to Section 38.003 related to the screening or
  treatment of a student for dyslexia or a related disorder.
         (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 or online calibration
  activities 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 or online calibration activities if
  the administration of or assessment using the Texas English
  Language Proficiency Assessment System has changed significantly
  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 or online calibration activities described by Subsection
  (a).
         (c)  A school district employee may not be required to
  complete a training or online calibration activity 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(a), Education Code, is amended
  to read as follows:
         (a)  A school district shall, in accordance with the policy
  adopted under Section 21.4515, [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.
         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.  Section 33.086(b), Education Code, is amended
  to read as follows:
         (b)  Each school district shall adopt, in accordance with the
  policy adopted under Section 21.4515, procedures necessary for
  administering this section, including procedures for the time and
  manner in which proof of current certification must be submitted.
         SECTION 15.  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 policy 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 16.  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 17.  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:
                     (A)  in accordance with the policy adopted under
  Section 21.4515; and[,]
                     (B)  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 [name of each] district or charter school staff
  members [member] who participated in the training.
         SECTION 18.  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 19.  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];
                     (B)  in accordance with the policy adopted under
  Section 21.4515; and
                     (C) [(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 [name of each]
  district staff members [member] who participated in the training.
         SECTION 20.  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 in accordance with the policy adopted
  under Section 21.4515 [and be completed annually].
         SECTION 21.  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 policy adopted 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 [name of each] district employees [employee] who
  participated in the training.
         SECTION 22.  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 23.  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 24.  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 28.013(d);
               (9)  Sections 33.202(d), (e), and (f);
               (10)  Section 34.0021; and
               (11)  Section 38.036(e).
         SECTION 25.  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 26.  (a)  Not later than June 1, 2022, the State
  Board for Educator Certification shall publish 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 adopt a professional development policy for district
  personnel in accordance with Section 21.4515, Education Code, as
  added by this Act.
         (c)  Except as provided by Subsection (b) of this section,
  this Act applies beginning with the 2021-2022 school year.
         SECTION 27.  The Texas Education Agency is required to
  implement a provision of this Act only if the legislature
  appropriates money specifically for that purpose.  If the
  legislature does not appropriate money specifically for that
  purpose, the Texas Education Agency may, but is not required to,
  implement a provision of this Act using other appropriations
  available for that purpose.
         SECTION 28.  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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1267 passed the Senate on
  April 21, 2021, by the following vote:  Yeas 31, Nays 0;
  May 28, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2021, House
  granted request of the Senate; May 30, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1267 passed the House, with
  amendments, on May 25, 2021, by the following vote:  Yeas 112,
  Nays 27, two present not voting; May 28, 2021, House granted
  request of the Senate for appointment of Conference Committee;
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 5, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor