S.B. No. 1839
 
 
 
 
AN ACT
  relating to the preparation, certification, and classification of
  and professional development for public school educators.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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 2.  Section 21.043, Education Code, is amended to
  read as follows:
         Sec. 21.043.  ACCESS TO PEIMS DATA.  (a)  The agency shall
  provide the board with access to data obtained under the Public
  Education Information Management System (PEIMS).
         (b)  The agency shall provide educator preparation programs
  with data based on information reported through the Public
  Education Information Management System (PEIMS) that enables an
  educator preparation program to:
               (1)  assess the impact of the program; and
               (2)  revise the program as needed to improve the design
  and effectiveness of the program.
         (c)  The agency in coordination with the board shall solicit
  input from educator preparation programs to determine the data to
  be provided to educator preparation programs.
         SECTION 3.  Section 21.044, Education Code, is amended by
  adding Subsections (c-2) and (f-1) to read as follows:
         (c-2)  Any minimum academic qualifications for a certificate
  specified under Subsection (a) that require a person to possess a
  bachelor's degree must also require 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 instruction required must:
               (1)  be aligned with the International Society for
  Technology in Education's standards for teachers;
               (2)  provide effective, evidence-based strategies to
  determine a person's degree of digital literacy; and
               (3)  include resources to address any deficiencies
  identified by the digital literacy evaluation.
         (f-1)  Board rules addressing ongoing educator preparation
  program support for a candidate seeking certification in a
  certification class other than classroom teacher may not require
  that an educator preparation program conduct one or more formal
  observations of the candidate on the candidate's site in a
  face-to-face setting. The rules must permit each required formal
  observation to occur on the candidate's site or through use of
  electronic transmission or other video-based or technology-based
  method.
         SECTION 4.  Section 21.045, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  To assist an educator preparation program in improving
  the design and effectiveness of the program in preparing educators
  for the classroom, the agency shall provide to each program data
  that is compiled and analyzed by the agency based on information
  reported through the Public Education Information Management
  System (PEIMS) relating to the program.
         SECTION 5.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.0489 to read as follows:
         Sec. 21.0489.  EARLY CHILDHOOD CERTIFICATION. (a)  To
  ensure that there are teachers with special training in early
  childhood education focusing on prekindergarten through grade
  three, the board shall establish an early childhood certificate.
         (b)  A person is not required to hold a certificate
  established under this section to be employed by a school district
  to provide instruction in prekindergarten through grade three.
         (c)  To be eligible for a certificate established under this
  section, a person must:
               (1)  either:
                     (A)  satisfactorily complete the course work for
  that certificate in an educator preparation program, including a
  knowledge-based and skills-based course of instruction on early
  childhood education that includes:
                           (i)  teaching methods for:
                                 (a)  using small group instructional
  formats that focus on building social, emotional, and academic
  skills;
                                 (b)  navigating multiple content
  areas; and
                                 (c)  managing a classroom environment
  in which small groups of students are working on different tasks;
  and
                           (ii)  strategies for teaching fundamental
  academic skills, including reading, writing, and numeracy; or
                     (B)  hold an early childhood through grade six
  certificate issued under this subchapter and satisfactorily
  complete a course of instruction described by Paragraph (A);
               (2)  perform satisfactorily on an early childhood
  certificate examination prescribed by the board; and
               (3)  satisfy any other requirements prescribed by the
  board.
         (d)  The criteria for the course of instruction described by
  Subsection (c)(1)(A) shall be developed by the board in
  consultation with faculty members who provide instruction at
  institutions of higher education in educator preparation programs
  for an early childhood through grade six certificate.
         SECTION 6.  Section 21.051, Education Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Before a school district may employ a candidate for
  certification as a teacher of record and, except as provided by
  Subsection (b-1), after the candidate's admission to an educator
  preparation program, the candidate must complete at least 15 hours
  of field-based experience in which the candidate is actively
  engaged in instructional or educational activities under
  supervision at:
               (1)  a public school campus accredited or approved for
  the purpose by the agency; or
               (2)  a private school recognized or approved for the
  purpose by the agency.
         (b-1)  A candidate may satisfy up to 15 hours of the
  field-based experience requirement under Subsection (b) by serving
  as a long-term substitute teacher as prescribed by board rule.  
  Experience under this subsection may occur after the candidate's
  admission to an educator preparation program or during the two
  years before the date the candidate is admitted to the program.  The
  candidate's experience in instructional or educational activities
  must be documented by the educator preparation program and must be
  obtained at:
               (1)  a public school campus accredited or approved for
  the purpose by the agency; or
               (2)  a private school recognized or approved for the
  purpose by the agency.
         SECTION 7.  Section 21.052, Education Code, is amended by
  adding Subsection (a-1) and amending Subsection (e) to read as
  follows:
         (a-1)  The commissioner may adopt rules establishing
  exceptions to the examination requirements prescribed by
  Subsection (a)(3) for an educator from outside the state to obtain a
  certificate in this state.
         (e)  An educator who has submitted all documents required by
  the board for certification and who receives a temporary
  certificate as provided by Subsection (c) [(a)] must perform
  satisfactorily on the examination prescribed under Section 21.048
  not later than the first anniversary of the date the board completes
  the review of the educator's credentials and informs the educator
  of the examination or examinations under Section 21.048 on which
  the educator must perform successfully to receive a standard
  certificate.
         SECTION 8.  Sections 21.054(d) and (e), Education Code, are
  amended to read as follows:
         (d)  Continuing education requirements for a classroom
  teacher must provide that not more than 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; and
               (4)  educating diverse student populations, including:
                     (A)  students with disabilities, including mental
  health disorders;
                     (B)  students who are educationally
  disadvantaged;
                     (C)  students of limited English proficiency; and
                     (D)  students at risk of dropping out of school.
         (e)  Continuing education requirements for a principal must
  provide that not more than 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; and
               (4)  educating diverse student populations, including:
                     (A)  students with disabilities, including mental
  health disorders;
                     (B)  students who are educationally
  disadvantaged;
                     (C)  students of limited English proficiency; and
                     (D)  students at risk of dropping out of school.
         SECTION 9.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.0543 to read as follows:
         Sec. 21.0543.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION
  RELATED TO DIGITAL TECHNOLOGY. The board shall propose rules
  allowing an educator to receive credit toward the educator's
  continuing education requirements for completion of education
  courses that:
               (1)  use technology to increase the educator's digital
  literacy; and
               (2)  assist the educator in the use of digital
  technology in learning activities that improve teaching,
  assessment, and instructional practices.
         SECTION 10.  Section 21.451, Education Code, is amended by
  amending Subsection (d) and adding Subsection (d-3) to read as
  follows:
         (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 11.  Section 30A.112(b), Education Code, is amended
  to read as follows:
         (b)  The state virtual school network may provide or
  authorize providers of electronic professional development courses
  to provide professional development for:
               (1)  teachers who are teaching subjects or grade levels
  for which the teachers are not certified; or
               (2)  [teachers who must become highly qualified under
  Section 1119, No Child Left Behind Act of 2001 (20 U.S.C. Section
  6319); or
               [(3)]  teachers who must become qualified under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.).
         SECTION 12.  The following provisions of the Education Code
  are repealed:
               (1)  Section 21.005; and
               (2)  Section 21.052(g).
         SECTION 13.  The State Board for Educator Certification
  shall propose rules:
               (1)  establishing requirements and prescribing an
  examination for an early childhood certificate examination as
  required by Section 21.0489, Education Code, as added by this Act;
  and
               (2)  establishing standards to govern the approval and
  renewal of approval of educator preparation programs for early
  childhood certification.
         SECTION 14.  The commissioner of education is required to
  implement Sections 21.043(b) and (c) and 21.045(d), Education Code,
  as added by this Act, only if the legislature appropriates money
  specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the commissioner
  of education may, but is not required to, implement those sections
  using other appropriations available for the purpose.
         SECTION 15.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 16.  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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1839 passed the Senate on
  May 4, 2017, by the following vote:  Yeas 30, Nays 1; May 25, 2017,
  Senate refused to concur in House amendments and requested
  appointment of Conference Committee; May 26, 2017, House granted
  request of the Senate; May 28, 2017, Senate adopted Conference
  Committee Report by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1839 passed the House, with
  amendments, on May 23, 2017, by the following vote:  Yeas 137,
  Nays 7, one present not voting; May 26, 2017, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2017, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 8, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor