Bill Text: TX HB284 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the use of public school counselors' work time.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-15 - Referred to Public Education [HB284 Detail]
Download: Texas-2011-HB284-Introduced.html
| 82R535 EAH-F | ||
| By: Lucio III | H.B. No. 284 | |
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| relating to the use of public school counselors' work time. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 33.006, Education Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) In accordance with rules adopted by the commissioner, | ||
| the board of trustees of each school district shall adopt a policy | ||
| that requires a school counselor to spend not more than 10 percent | ||
| of the counselor's total work time on duties that are not components | ||
| of a counseling or guidance program developed under Section 33.005. | ||
| For purposes of this subsection, time spent in administering | ||
| assessment instruments or providing other assistance in connection | ||
| with assessment instruments, except time spent in interpreting data | ||
| from assessment instruments, is not considered time spent on | ||
| counseling or guidance. Each school in the district shall | ||
| implement the policy. A copy of the policy shall be maintained in | ||
| the office of each school in the district and made available on | ||
| request during regular school hours to district employees, parents | ||
| of district students, and the public. | ||
| (d) A school district may not include a provision in an | ||
| employment contract with a school counselor under Chapter 21 that | ||
| conflicts with the policy required by Subsection (c) or has the | ||
| effect of authorizing a school principal or school district | ||
| superintendent to require a school counselor to generally perform | ||
| duties that are not primarily related to a counseling function. | ||
| SECTION 2. Section 39.056, Education Code, is amended by | ||
| adding Subsection (d-1) to read as follows: | ||
| (d-1) Before an investigation, the commissioner shall | ||
| request that the school district scheduled for the investigation | ||
| assess the district's compliance with the policy adopted under | ||
| Section 33.006(c) and provide a written copy of the assessment to | ||
| the investigators on or before the date specified by the | ||
| commissioner. As part of each investigation, the investigators | ||
| shall interview a percentage of district school counselors | ||
| determined by the commissioner to assess the district's compliance | ||
| with the policy adopted under Section 33.006(c). The commissioner | ||
| shall adopt rules to implement this subsection. | ||
| SECTION 3. (a) Each school district shall implement a | ||
| policy adopted under Section 33.006(c), Education Code, as added by | ||
| this Act, beginning with the 2011-2012 school year. | ||
| (b) Section 33.006(d), Education Code, as added by this Act, | ||
| applies only to a contract executed on or after the effective date | ||
| of this Act. A contract executed before the effective date of this | ||
| Act is governed by the law in effect on the date the contract was | ||
| executed, and the former law is continued in effect for that | ||
| purpose. | ||
| (c) Section 39.056(d-1), Education Code, as added by this | ||
| Act, applies beginning with the 2011-2012 school year. | ||
| SECTION 4. 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, 2011. | ||
