H.B. No. 159
 
 
 
 
AN ACT
  relating to improving training and staff development for primary
  and secondary educators to enable them to more effectively serve
  all students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.001, Education Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "Student with a disability" means a student who
  is:
                     (A)  eligible to participate in a school
  district's special education program under Section 29.003;
                     (B)  covered by Section 504, Rehabilitation Act of
  1973 (29 U.S.C. Section 794); or
                     (C)  covered by the Individuals with Disabilities
  Education Act (20 U.S.C. Section 1400 et seq.).
         SECTION 2.  Section 21.044, Education Code, is amended by
  amending Subsections (a), (b), (c-1), and (g) and adding Subsection
  (a-1) to read as follows:
         (a)  The board shall propose rules:
               (1)  specifying what each educator is expected to know
  and be able to do, particularly with regard to students with
  disabilities;
               (2)  establishing the training requirements a person
  must accomplish to obtain a certificate, enter an internship, or
  enter an induction-year program; and
               (3)  specifying[. The board shall specify] the minimum
  academic qualifications required for a certificate.
         (a-1)  Any training requirements for a certificate specified
  under Subsection (a) must require that the person demonstrate:
               (1)  basic knowledge of:
                     (A)  each disability category under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) and how each category can affect student learning and
  development; and
                     (B)  conditions that may be considered a
  disability under Section 504, Rehabilitation Act of 1973 (29 U.S.C.
  Section 794), and how a condition covered by that section can affect
  student learning and development;
               (2)  competence in the use of proactive instructional
  planning techniques that:
                     (A)  provide flexibility in the ways:
                           (i)  information is presented;
                           (ii)  students respond or demonstrate
  knowledge and skills; and
                           (iii)  students are engaged;
                     (B)  reduce barriers in instruction;
                     (C)  provide appropriate accommodations,
  supports, and challenges; and
                     (D)  maintain high achievement expectations for
  all students, including students with disabilities and students of
  limited English proficiency; and
               (3)  competence in the use of evidence-based inclusive
  instructional practices, including:
                     (A)  general and special education collaborative
  and co-teaching models and approaches;
                     (B)  multitiered systems of support, including
  response to intervention strategies, classroom and school level
  data-based collaborative structures, and evidence-based strategies
  for intervention and progress monitoring systems in academic areas;
                     (C)  classroom management techniques using
  evidence-based behavioral intervention strategies and supports;
  and
                     (D)  appropriate adaptation strategies, including
  accommodations, modifications, and instruction in the use of
  assistive technology for instruction.
         (b)  The [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 detection and education of students
  with dyslexia.
         (c-1)  The [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 regarding mental health, substance abuse,
  and youth suicide.  The instruction required must:
               (1)  be provided through:
                     (A)  a program selected from the list of
  recommended best practice-based programs and research-based
  practices established under Section 38.351; or
                     (B)  a course offered by any accredited public or
  private postsecondary educational institution as part of a degree
  program; and
               (2)  include effective strategies, including
  de-escalation techniques and positive behavioral interventions and
  supports, for teaching and intervening with students with mental
  health conditions or who engage in substance abuse.
         (g)  Each educator preparation program must provide
  information regarding:
               (1)  the skills that educators are required to possess,
  the responsibilities that educators are required to accept, and the
  high expectations for all students, including students with
  disabilities, in this state;
               (2)  the effect of supply and demand forces on the
  educator workforce in this state;
               (3)  the performance over time of the educator
  preparation program;
               (4)  the importance of building strong classroom
  management skills;
               (5)  the framework in this state for teacher and
  principal evaluation, including the procedures followed in
  accordance with Subchapter H; and
               (6)  appropriate relationships, boundaries, and
  communications between educators and students.
         SECTION 3.  Section 21.0443(b), Education Code, is amended
  to read as follows:
         (b)  To be eligible for approval or renewal of approval, an
  educator preparation program must:
               (1)  incorporate proactive instructional planning
  techniques throughout course work and across content areas using a
  framework that:
                     (A)  provides flexibility in the ways:
                           (i)  information is presented;
                           (ii)  students respond or demonstrate
  knowledge and skills; and
                           (iii)  students are engaged;
                     (B)  reduces barriers in instruction;
                     (C)  provides appropriate accommodations,
  supports, and challenges; and
                     (D)  maintains high achievement expectations for
  all students, including students with disabilities and students of
  limited English proficiency;
               (2)  integrate inclusive practices for all students,
  including students with disabilities, and evidence-based
  instruction and intervention strategies throughout course work,
  clinical experience, and student teaching;
               (3)  adequately prepare candidates for educator
  certification; and
               (4)  meet the standards and requirements of the board.
         SECTION 4.  Section 21.045(a), Education Code, is amended to
  read as follows:
         (a)  The board shall propose rules necessary to establish
  standards to govern the continuing accountability of all educator
  preparation programs based on the following information that is
  disaggregated with respect to race, sex, and ethnicity:
               (1)  results of the certification examinations
  prescribed under Section 21.048(a);
               (2)  performance based on the appraisal system for
  beginning teachers adopted by the board;
               (3)  achievement, including improvement in
  achievement, of all students, including students with
  disabilities, taught by beginning teachers for the first three
  years following certification, to the extent practicable;
               (4)  compliance with board requirements regarding the
  frequency, duration, and quality of structural guidance and ongoing
  support provided by field supervisors to candidates completing
  student teaching, clinical teaching, or an internship; and
               (5)  results from a teacher satisfaction survey,
  developed by the board with stakeholder input, of new teachers
  performed at the end of the teacher's first year of teaching.
         SECTION 5.  Section 21.0453(a), Education Code, is amended
  to read as follows:
         (a)  The board shall require an educator preparation program
  to provide candidates for teacher certification with information
  concerning the following:
               (1)  skills and responsibilities required of teachers
  with regard to all students, including students with disabilities;
               (2)  expectations for student performance, including
  students with disabilities, based on state standards;
               (3)  the current supply of and demand for teachers in
  this state;
               (4)  the importance of developing classroom management
  skills; and
               (5)  the state's framework for appraisal of teachers
  and principals.
         SECTION 6.  Section 21.046(b), Education Code, is amended to
  read as follows:
         (b)  The qualifications for certification as a principal
  must be sufficiently flexible so that an outstanding teacher may
  qualify by substituting approved experience and professional
  training for part of the educational requirements. Supervised and
  approved on-the-job experience in addition to required internship
  shall be accepted in lieu of classroom hours. The qualifications
  must emphasize:
               (1)  instructional leadership, including the ability
  to create an inclusive school environment and to foster parent
  involvement;
               (2)  administration, supervision, and communication
  skills;
               (3)  curriculum and instruction management, including
  curriculum and instruction management for students with
  disabilities;
               (4)  performance evaluation;
               (5)  organization; and
               (6)  fiscal management.
         SECTION 7.  Section 21.047(c), Education Code, is amended to
  read as follows:
         (c)  A center may develop and implement a comprehensive
  field-based educator preparation program to supplement the
  internship hours required in Section 21.050. This comprehensive
  field-based teacher program must:
               (1)  be designed on the basis of current research into
  state-of-the-art teaching practices applicable to all students,
  including students with disabilities, curriculum theory and
  application within diverse student populations, evaluation of
  student outcomes, and the effective application of technology; and
               (2)  have rigorous internal and external evaluation
  procedures that focus on content, delivery systems, and teacher and
  student outcomes.
         SECTION 8.  Sections 21.051(b) and (f), Education Code, are
  amended 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 involving a
  diverse student population that, to the greatest extent
  practicable, includes students with disabilities 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.
         (f)  The board shall propose rules providing flexible
  options for persons for any field-based experience or internship
  required for certification. The options must, to the greatest
  extent practicable, involve interaction with a diverse student
  population, including students with disabilities.
         SECTION 9.  Section 21.451, Education Code, is amended by
  adding Subsection (a-2) to read as follows:
         (a-2)  In designing the staff development described by
  Subsection (a), a school district must use procedures that, to the
  greatest extent possible, ensure the training included in the staff
  development:
               (1)  incorporates proactive instructional planning
  techniques using a framework that:
                     (A)  provides flexibility in the ways:
                           (i)  information is presented;
                           (ii)  students respond or demonstrate
  knowledge and skills; and
                           (iii)  students are engaged;
                     (B)  reduces barriers in instruction;
                     (C)  provides appropriate accommodations,
  supports, and challenges; and
                     (D)  maintains high achievement expectations for
  all students, including students with disabilities and students of
  limited English proficiency; and
               (2)  integrates inclusive and evidence-based
  instructional practices for all students, including students with
  disabilities.
         SECTION 10.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 159 was passed by the House on May 4,
  2021, by the following vote:  Yeas 103, Nays 42, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 159 was passed by the Senate on May
  20, 2021, by the following vote:  Yeas 22, Nays 8, 1 present, not
  voting.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor