Bill Text: TX HB1453 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to special education-related requirements, including the provision of certain services, the composition of the State Board for Educator Certification, and certain educator requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-02 - Recommitted to committee [HB1453 Detail]
Download: Texas-2019-HB1453-Comm_Sub.html
86R10396 MP-D | |||
By: Bernal | H.B. No. 1453 | ||
Substitute the following for H.B. No. 1453: | |||
By: Talarico | C.S.H.B. No. 1453 |
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relating to special education-related requirements, including the | ||
provision of certain services, the composition of the State Board | ||
for Educator Certification, and certain educator requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8.051(d), Education Code, is amended to | ||
read as follows: | ||
(d) Each regional education service center shall maintain | ||
core services for purchase by school districts and campuses. The | ||
core services are: | ||
(1) training and assistance in: | ||
(A) teaching each subject area assessed under | ||
Section 39.023; and | ||
(B) providing instruction in personal financial | ||
literacy as required under Section 28.0021; | ||
(2) training and assistance in providing each program | ||
that qualifies for a funding allotment under Section 42.151, | ||
42.152, 42.153, or 42.156; | ||
(3) assistance specifically designed for a school | ||
district or campus assigned an unacceptable performance rating | ||
under Section 39.054; | ||
(4) training and assistance to teachers, | ||
administrators, members of district boards of trustees, and members | ||
of site-based decision-making committees; | ||
(5) assistance specifically designed for a school | ||
district that is considered out of compliance with state or federal | ||
special education requirements, based on the agency's most recent | ||
compliance review of the district's special education programs; | ||
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(6) assistance in complying with state laws and rules; | ||
and | ||
(7) assistance provided through responsive remote | ||
video coaching to guide teachers in rural areas through the | ||
delivery of instruction and services to students with disabilities | ||
as needed through existing agency infrastructure. | ||
SECTION 2. Section 21.033(a), Education Code, is amended to | ||
read as follows: | ||
(a) The State Board for Educator Certification is composed | ||
of 15 members. The commissioner of education shall appoint an | ||
employee of the agency to represent the commissioner as a nonvoting | ||
member. The commissioner of higher education shall appoint an | ||
employee of the Texas Higher Education Coordinating Board to | ||
represent the commissioner as a nonvoting member. The governor | ||
shall appoint two nonvoting members. The governor shall appoint a | ||
dean of a college of education in this state as one of the nonvoting | ||
members. The governor shall appoint a person who has experience | ||
working for and knowledge of an alternative educator preparation | ||
program and who is not affiliated with an institution of higher | ||
education as one of the nonvoting members. The remaining 11 members | ||
are appointed by the governor with the advice and consent of the | ||
senate, as follows: | ||
(1) four members must be teachers employed in public | ||
schools, one of whom must hold a certificate issued under this | ||
subchapter in special education and have classroom experience; | ||
(2) two members must be public school administrators; | ||
(3) one member must be a public school counselor; and | ||
(4) four members must be citizens, three of whom are | ||
not and have not, in the five years preceding appointment, been | ||
employed by a public school district or by an educator preparation | ||
program in an institution of higher education and one of whom is not | ||
and has not been employed by a public school district or by an | ||
educator preparation program in an institution of higher education. | ||
SECTION 3. Section 21.051, Education Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) The board shall propose rules to establish a minimum | ||
requirement for field-based experience in which a candidate is | ||
actively engaged in instructional or educational activities to | ||
implement an individualized education program for a student with a | ||
disability. The requirement under this subsection applies only to | ||
an initial certification issued on or after September 1, 2020. This | ||
requirement does not affect: | ||
(1) the validity of a certification issued before | ||
September 1, 2020; or | ||
(2) the eligibility of a person who holds a | ||
certification issued before September 1, 2020, to obtain a | ||
subsequent renewal of the certification in accordance with board | ||
rule. | ||
SECTION 4. Section 21.451, Education Code, is amended by | ||
adding Subsections (d-4) and (d-5) and amending Subsection (e) to | ||
read as follows: | ||
(d-4) Subject to Subsection (e), the training relating to | ||
instruction of students with disabilities required under | ||
Subsection (d)(2) must: | ||
(1) be developed by the agency in collaboration with | ||
regional education service centers; | ||
(2) be competency-based, interactive, and | ||
experiential, including providing educators the opportunity to | ||
integrate learned skills through demonstration, observation, | ||
collaboration, fieldwork, and reflection in different | ||
instructional contexts; | ||
(3) be delivered in person; | ||
(4) include at least four hours of instruction; | ||
(5) be provided on an annual basis, as part of new | ||
educator orientation to new school district and open-enrollment | ||
charter school educators; and | ||
(6) be provided on a schedule adopted by the agency by | ||
rule to existing school district and open-enrollment charter school | ||
educators who are responsible for classroom implementation of a | ||
student's individualized education program. | ||
(d-5) The training relating to instruction of students with | ||
disabilities required under Subsection (d)(2) must require that the | ||
person demonstrate: | ||
(1) basic knowledge of 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; | ||
(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. | ||
(e) A school district is required to provide the training | ||
described by Subsection (d)(2) to an educator who works primarily | ||
outside the area of special education only if the educator has | ||
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SECTION 5. The change in law made by this Act to Section | ||
21.033(a)(1), Education Code, requiring that one member of the | ||
State Board for Educator Certification be a teacher who holds a | ||
certificate issued under Subchapter B, Chapter 21, Education Code, | ||
in special education does not affect the entitlement of teacher | ||
members serving on the board immediately before the effective date | ||
of this Act to continue to carry out the members' duties for the | ||
remainder of the members' terms. The governor shall appoint a | ||
teacher member who meets the requirements under Section | ||
21.033(a)(1), Education Code, as amended by this Act, on the first | ||
vacancy that occurs after the effective date of this Act of a board | ||
position held by a teacher member. | ||
SECTION 6. The State Board for Educator Certification shall | ||
propose rules as required by Section 21.051(g), Education Code, as | ||
added by this Act, as soon as practicable following the effective | ||
date of this Act. | ||
SECTION 7. Sections 8.051 and 21.451, Education Code, as | ||
amended by this Act, apply beginning with the 2019-2020 school | ||
year. | ||
SECTION 8. 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, 2019. |