| 1 | 1 | | 81R5774 EAH-D |
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| 2 | 2 | | By: Lucio III H.B. No. 1333 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of public school counselors' work time. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 33.006, Education Code, is amended by |
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| 10 | 10 | | adding Subsections (d) and (e) to read as follows: |
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| 11 | 11 | | (d) In accordance with rules adopted by the commissioner, |
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| 12 | 12 | | the board of trustees of each school district shall adopt a policy |
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| 13 | 13 | | that requires a school counselor to spend not more than 10 percent |
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| 14 | 14 | | of the counselor's total work time on duties that are not components |
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| 15 | 15 | | of a counseling or guidance program developed under Section 33.005. |
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| 16 | 16 | | For purposes of this subsection, time spent in administering |
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| 17 | 17 | | assessment instruments or providing other assistance in connection |
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| 18 | 18 | | with assessment instruments, except time spent in interpreting data |
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| 19 | 19 | | from assessment instruments, is not considered time spent on |
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| 20 | 20 | | counseling or guidance. Each school in the district shall |
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| 21 | 21 | | implement the policy. A copy of the policy shall be maintained in |
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| 22 | 22 | | the office of each school in the district and made available on |
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| 23 | 23 | | request during regular school hours to district employees, parents |
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| 24 | 24 | | of district students, and the public. |
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| 25 | 25 | | (e) A school district may not include a provision in an |
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| 26 | 26 | | employment contract with a school counselor under Chapter 21 that |
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| 27 | 27 | | conflicts with the policy required by Subsection (d) or has the |
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| 28 | 28 | | effect of authorizing a school principal or school district |
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| 29 | 29 | | superintendent to require a school counselor to generally perform |
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| 30 | 30 | | duties that are not primarily related to a counseling function. |
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| 31 | 31 | | SECTION 2. Section 39.074, Education Code, is amended by |
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| 32 | 32 | | adding Subsection (g) to read as follows: |
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| 33 | 33 | | (g) Before an investigation, the commissioner shall request |
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| 34 | 34 | | that the district scheduled for the investigation assess the |
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| 35 | 35 | | district's compliance with the policy adopted under Section |
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| 36 | 36 | | 33.006(d) and provide a written copy of the assessment to the |
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| 37 | 37 | | investigators on or before the date specified by the commissioner. |
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| 38 | 38 | | As part of each investigation, the investigators shall interview a |
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| 39 | 39 | | percentage of district school counselors determined by the |
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| 40 | 40 | | commissioner to assess the district's compliance with the policy |
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| 41 | 41 | | adopted under Section 33.006(d). The commissioner shall adopt |
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| 42 | 42 | | rules to implement this subsection. |
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| 43 | 43 | | SECTION 3. (a) Each school district shall implement a |
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| 44 | 44 | | policy adopted under Section 33.006(d), Education Code, as added by |
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| 45 | 45 | | this Act, beginning with the 2009-2010 school year. |
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| 46 | 46 | | (b) Section 33.006(e), Education Code, as added by this Act, |
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| 47 | 47 | | applies only to a contract executed on or after the effective date |
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| 48 | 48 | | of this Act. A contract executed before the effective date of this |
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| 49 | 49 | | Act is governed by the law in effect on the date the contract was |
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| 50 | 50 | | executed, and the former law is continued in effect for that |
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| 51 | 51 | | purpose. |
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| 52 | 52 | | (c) Section 39.074(g), Education Code, as added by this Act, |
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| 53 | 53 | | applies beginning with the 2009-2010 school year. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2009. |
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