81R8446 EAH-F
By: Castro H.B. No. 1435
A BILL TO BE ENTITLED
AN ACT
relating to policies concerning the use of 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 Subsection (d) to read as follows:
(d) In accordance with rules adopted by the commissioner,
the board of trustees of each school district shall adopt a policy
that requires a 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.
SECTION 2. Section 39.074, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) Before an investigation, the commissioner shall request
that the district assess the district's compliance with the policy
adopted under Section 33.006(d) 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 counselors determined by
the commissioner to assess the district's compliance with the
policy adopted under Section 33.006(d). The commissioner shall
adopt rules to implement this subsection.
SECTION 3. (a) Each school district shall implement a
policy that complies with Section 33.006(d), Education Code, as
added by this Act, beginning with the 2009-2010 school year.
(b) Section 39.074(g), Education Code, as added by this Act,
applies beginning with the 2009-2010 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, 2009.