Human Resources Code § 42.0421

Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the executive commissioner under Section 42.042(p) for an employee, director, or operator of a day-care center, group day-care home, or registered family home must include: (1) 24 hours of initial training that must be completed not later than the 90th day after the employee's first day of employment for an employee of a day-care center who has no previous training or less than two years of employment experience in a regulated child-care facility, eight hours of which must be completed before the employee is given responsibility for a group of children; (2) 24 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction; and (3) 30 hours of annual training for each director of a day-care center or group day-care home, or operator of a registered family home, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; and (D) teacher-child interaction. (b) The minimum training standards prescribed by the executive commissioner under Section 42.042(p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a)(1) and as a one-hour component of the annual training required by Subsections (a)(2) and (a)(3). The special training must include information on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (c) The executive commissioner by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on: (1) recognizing and preventing shaken baby syndrome; (2) preventing sudden infant death syndrome; and (3) understanding early childhood brain development. (d) Section 42.042(m) does not apply to the minimum training standards required by this section. (e) In addition to other training required by this section, the executive commissioner by rule shall require an owner, operator, or employee of a day-care center, group day-care home, registered family home, general residential operation, cottage home operation, or specialized child-care home who transports a child under the care of the facility whose chronological or developmental age is younger than nine years of age to complete at least two hours of annual training on transportation safety. (f) The training required by this section must be appropriately targeted and relevant to the age of the children who will receive care from the individual receiving training and must be provided by a person who: (1) is a training provider registered with the Texas Early Childhood Professional Development System's Texas Trainer Registry that is maintained by the Texas Head Start State Collaboration Office; (2) is an instructor at a public or private secondary school, an institution of higher education, as defined by Section 61.003, Education Code, or a private college or university accredited by a recognized accrediting agency who teaches early childhood development or another relevant course, as determined by rules adopted by the commissioner of education and the commissioner of higher education; (3) is an employee of a state agency with relevant expertise; (4) is a physician, psychologist, licensed professional counselor, social worker, or registered nurse; (5) holds a generally recognized credential or possesses documented knowledge relevant to the training the person will provide; (6) is a registered family home care provider or director of a day-care center or group day-care home in good standing with the department, if applicable, and who: (A) has demonstrated core knowledge in child development and caregiving; and (B) is only providing training at the home or center in which the provider or director and the person receiving training are employed; or (7) has at least two years of experience working in child development, a child development program, early childhood education, a childhood education program, or a Head Start or Early Head Start program and: (A) has been awarded a Child Development Associate (CDA) credential; or (B) holds at least an associate's degree in child development, early childhood education, or a related field. (g) A person described by Subsection (f)(6) may provide training under this section only if the commission has not taken an action under Section 42.071, 42.072, or 42.078 against the license, listing, or registration of the person or the home or center for which the person is a provider or director during the two-year period preceding the date on which the person provides the training. (g-1) Notwithstanding Subsection (g), a person who is the director of a day-care center may provide training under this section regardless of whether the commission imposed an administrative penalty under Section 42.078 against the day-care center if the person was not the director of the day-care center at the time the commission imposed the penalty. (h) In adopting the minimum training standards under Section 42.042(p), the executive commissioner may not require more training hours than the number of hours prescribed by Subsection (a) for a day-care center, group day-care home, or registered family home. (i) The executive commissioner by rule shall adopt minimum training standards for before-school or after-school and school-age programs as required by Section 42.042(p). In adopting minimum training standards for before-school or after-school and school-age programs under this subsection, the executive commissioner may not require more initial or annual training hours than the number of hours required by Subsection (a) immediately before September 1, 2011. Added by Acts 1999, 76th Leg., ch. 1211, Sec. 1, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 748 (S.B. 572), Sec. 2, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 82 (S.B. 265), Sec. 1, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 882 (S.B. 260), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(31), eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1155 (S.B. 215), Sec. 61, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.213, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 48, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 394 (S.B. 781), Sec. 4, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 1091 (S.B. 1242), Sec. 1, eff. September 1, 2023.