Education Code § 21.044

Sec. 21.044. EDUCATOR PREPARATION. (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 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; (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; and (4) thorough understanding of and competence in the use of open education resource instructional materials included on the list of approved instructional materials maintained by the State Board of Education under Section 31.022 in each subject area and grade level covered by the person's certificate. (b) The minimum academic qualifications for a certificate specified under Subsection (a) must 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) The instruction under Subsection (b) must: (1) be developed by a panel of experts in the diagnosis and treatment of dyslexia who are: (A) employed by institutions of higher education; and (B) approved by the board; and (2) include information on: (A) characteristics of dyslexia; (B) identification of dyslexia; and (C) effective, multisensory strategies for teaching students with dyslexia. (c-1) The minimum academic qualifications for a certificate specified under Subsection (a) must 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. (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, virtual learning, and virtual instruction, 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; (3) cover best practices in: (A) assessing students receiving virtual instruction, based on academic progress; and (B) developing a virtual learning curriculum; and (4) include resources to address any deficiencies identified by the digital literacy evaluation. (d) In proposing rules under this section, the board shall specify that to obtain a certificate to teach an "applied STEM course," as that term is defined by Section 28.027, at a secondary school, a person must: (1) pass the certification test administered by the recognized national or international business and industry group that created the curriculum the applied STEM course is based on; and (2) have at a minimum: (A) an associate degree from an accredited institution of higher education; and (B) three years of work experience in an occupation for which the applied STEM course is intended to prepare the student. (e) In proposing rules under this section for a person to obtain a certificate to teach a health science technology education course, the board shall specify that a person must have: (1) an associate degree or more advanced degree from an accredited institution of higher education; (2) current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and (3) at least two years of wage earning experience utilizing the licensure requirement. (f) The board may not propose rules for a certificate to teach a health science technology education course that specify that a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under Subsection (e). (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. (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. (h) An educator preparation program may not include instruction on the use of instructional materials that incorporate the method of three-cueing, as defined by Section 28.0062(a-1), into foundational skills reading instruction. (i) An educator preparation program participating in a Preparing and Retaining Educators through Partnership Preservice Program under Subchapter R shall: (1) incorporate the applicable instructional materials and training developed under Section 21.067, as determined by the board; (2) if applicable for the grade and subject area for which a teacher candidate enrolled in the educator preparation program is seeking certification, incorporate the literacy achievement academies and mathematics achievement academies established under Sections 21.4552 and 21.4553; and (3) ensure that instruction and training described by Subdivisions (1) and (2) are delivered by a person with appropriate training who has successfully completed a certification related to that training offered by the agency. (j) For purposes of Subsection (i)(2), the board by rule shall designate the components of a literacy achievement academy or mathematics achievement academy under Section 21.4552 or 21.4553, as applicable, that may be completed after receiving an intern with preservice experience certificate under Section 21.0412. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 926 (S.B. 1620), Sec. 1, eff. June 17, 2011. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.001, eff. September 1, 2013. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1091 (H.B. 3573), Sec. 1, eff. June 14, 2013. Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 3, eff. September 1, 2013. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 2, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 3, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1157 (S.B. 674), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1157 (S.B. 674), Sec. 2, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(8), eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 8, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 714 (H.B. 4056), Sec. 2, eff. June 12, 2017. Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 3, eff. June 12, 2017. Acts 2017, 85th Leg., R.S., Ch. 960 (S.B. 1963), Sec. 1, eff. June 15, 2017. Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.03, eff. December 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 215 (H.B. 159), Sec. 2, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 548 (S.B. 226), Sec. 2, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 2, eff. June 13, 2023. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 2.07, eff. June 20, 2025.