Bill Text: TX HB1434 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the assignment of certain behavioral health professionals and school counselors to a public school campus.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2015-04-14 - Left pending in committee [HB1434 Detail]

Download: Texas-2015-HB1434-Introduced.html

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By: McClendon H.B. No. 1434

A BILL TO BE ENTITLED
AN ACT
relating to the assignment of certain behavioral health
professionals and school counselors to a public school campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.906 to read as follows:
Sec. 33.906. SCHOOL PSYCHOLOGIST, LICENSED PROFESSIONAL
COUNSELOR, LICENSED CLINICAL SOCIAL WORKER OR SCHOOL COUNSELOR.
(a) A school district with a campus that has an Average Daily
Attendance of 250 or more that receives additional state aid under
Section 42.25192 shall assign, at each campus in the district with
an enrollment of 250 students or more, at least one full-time:
(1) school psychologist licensed under Chapter 501,
Occupations Code;
(2) licensed professional counselor licensed under
Chapter 503, Occupations Code;
(3) licensed clinical social worker licensed under
Chapter 505, Occupations Code; or
(4) a school counselor certified under the rules of
the State Board for Educator Certification.
(b) In addition to other duties, the duties of a school
psychologist, licensed professional counselor, licensed clinical
social worker, or school counselor assigned under this section must
include the following:
(1) assisting students in confidential counseling
matters;
(2) advising students and parents regarding
graduation requirements in accordance with Section 28.025; or
(3) both (1) and (2).
(c) A school counselor assigned under this section shall
fulfill all the requirements for a school counselor imposed by
statute including:
(1) duties assigned under Subchapter A, Chapter 33,
(2) duties assigned under 28.0212 and 28.02121.
(d) A school psychologist, licensed professional counselor,
licensed clinical social worker, or school counselor assigned under
this section may not consult with a student without the permission
of the student's parent or guardian unless:
(1) the safety of the student is at issue;
(2) the student is potentially at risk of being
involved in domestic violence; or
(3) a court order allows or requires the consultation
without the permission.
(e) A school district may not require a school psychologist,
licensed professional counselor, licensed clinical social worker,
or school counselor funded or partially funded from funds received
by the district under 42.451 to spend time administering assessment
instruments or providing other assistance in connection with
assessment instruments, except for time spent in interpreting data
from assessment instruments.
(f) A person assigned to a campus under subsection (a)(1)
may serve more than one campus of the district except that the
average ratio of students to a person described by subsection
(a)(1) may not exceed 250 to 1.
(g) A district that receives additional state aide under
Section 42.25192 shall periodically report the ratio described by
subsection (f) to the commissioner.
(h) A district must use funds received under Section
42.25192 to assign full-time personnel described by Subsection (a)
at each campus in accordance with subsection (f). Each of the
personnel used to satisfy subsection (f) is subject to the
provisions of Subsections (b), (c), (d), (e) and (f).
(i) A school district satisfying the requirements of
subsection (f) may use funds received under Section 42.25192 for
training or other purposes related to implementing this enactment.
(j) Alternatively, a school district satisfying the
requirements of subsection (f) may reserve any unexpended balance
from funds received under Section 42.25192 for use in fulfilling
this enactment in the following school year.
(k) A school district is required to comply with Subsection
(a) only to the extent that:
(1) the legislature has appropriated money to the
Texas Education Agency for the purpose of reimbursing school
districts for the expenses incurred in complying with Subsection
(a), pursuant to Section 2 of this enactment; and
(2) out of the funds described in Subchapter E,
Chapter 42, Section 42.25192, Education Code, the Texas Education
Agency pays or commits to pay the district for the expenses incurred
in complying with Subsection (a), pursuant to Section 2 of this
enactment.
SECTION 2. Subchapter E, Chapter 42, Education Code is
amended by adding Section 42.25192 to read as follows:
Sec. 42.25192. ADDITIONAL STATE AID FOR SCHOOL
PSYCHOLOGISTS, LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL
SOCIAL WORKERS OR SCHOOL COUNSELOR. (a) Each school year, from
funds available under Subsection (b) and Subsection (e) of this
section, the commissioner shall distribute additional state aid in
an amount determined by the commissioner under this enactment to
eligible school districts as provided by Subsection (d) to assist
the districts in employing the number of school psychologists,
licensed professional counselors, licensed clinical social
workers, or schools counselors described by Section 33.906.
(b) Not later than August 31st of each year, the comptroller
shall transfer from the general revenue fund to the foundation
school fund for purposes of this enactment an amount equal to
three-quarters of the net revenue of receipts dedicated from the
sale of tax stamps and funds derived from taxes on distilled
spirits, wine, beer, and ale and malt liquor deposited to the
general revenue fund under Section 205.02, Alcoholic Beverage Code,
in accordance with Section 4 of this enactment. Money transferred
to the foundation school fund under this subsection may be
appropriated only for assistance to school districts for the
purpose of the employment by a school district of a school
counselor, school psychologist, licensed professional counselor,
or licensed clinical social worker, as described by Section 33.906.
(c) For every school district, the commissioner shall:
(1) Using prior year ADA as defined by Section 42.005,
assign each school district a number of units equivalent to
dividing the total number of students in average daily attendance
by 250, rounding to the nearest whole number;
(2) Assign a value of $80,000, or greater amount by
appropriation, for each unit; and
(3) Calculate an amount equivalent to multiplying the
number of units calculated under (c) (1) by (c) (2).
(d) The commissioner shall distribute funds transferred
under subsection (b), including any funds from subsection (), as
follows:
(1) the commissioner shall rank each school district
in order of highest percentage of educationally disadvantaged
students, as defined by Section 42.25192(b), using prior year
numbers for ADA and educationally disadvantaged students; and
(2) beginning with the school district with the
highest percentage of educationally disadvantaged students, the
commissioner shall award the amount calculated for each school
district under (c) (3) in descending order of percentage of
educationally disadvantaged students until the commissioner may no
longer award the full amount calculated for a school district.
(e) The commissioner shall reserve any unexpended balance
and add it to the annual transfer under subsection (b) for
distribution the following year.
(f) Funds transferred under subsection (b) or reserved
under subsection (e) may only be used for purposes of this section.
(g) State aid received by a district under this section is
in addition to any entitlements a district receives under Chapter
41 or other provisions of Chapter 42.
(h) The commissioner may adopt rules as necessary to
administer this section.
SECTION 3. (a) Except as otherwise provided by this
section, Sections 33.906 and 42.25192(a), Education Code, as added
by this Act, apply beginning with the 2015-2016 school year.
(b) A school district shall employ a school psychologist,
licensed professional counselor, licensed clinical social worker,
or school counselor as required by Section 33.906, Education Code,
as added by this Act, as soon as practicable and not later than 30
days after the district receives approval of state aid for that
purpose under Section 42.25192, Education Code, as added by this
Act.
(c) Section 42.25192(b), Education Code, as added by this
Act, applies beginning September 1, 2015.
SECTION 4. Chapter 205, Section 205.02, Alcoholic Beverage
Code is amended to read as follows:
Sec. 205.02. DISPOSITION OF RECEIPTS.
Text of (a) as amended by Acts 1984, 68th Leg., 2nd C.S., ch. 28,
art. II, part B, Sec. 12
(a) After allocation of funds to defray administrative
expenses as provided in the current departmental appropriations
act, receipts from the sale of tax stamps and funds derived from
taxes on distilled spirits, wine, beer, and ale and malt liquor
shall be deposited in the general revenue fund. An amount equal to
one-fourth of the net revenue shall be transferred to the
foundation school fund, and an amount equal to three-fourths of the
net revenue shall be credited to the general revenue fund.
Text of (a) as amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31,
art. 2, Sec. 22
(a) After allocation of funds to defray administrative
expenses as provided in the current departmental appropriations
act, receipts from the sale of tax stamps and funds derived from
taxes on distilled spirits, wine, beer, and ale and malt liquor
shall be deposited in the general revenue fund. An amount equal to
5/24ths of the net revenue shall be transferred to the available
school fund, an amount equal to 1/24th of the net revenue shall be
transferred to the foundation school fund, and an amount equal to
three-fourths of the net revenue shall be credited to the general
revenue fund. transferred to the foundation school fund
specifically for purposes of allocation by the commissioner of
education according to Sections 33.906 and 42.25192, Education
Code.
SECTION 5. This act creates the legislative authority for
an appropriation to be made.
SECTION 6. 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, 2015.