82R535 EAH-F
By: Lucio III H.B. No. 284
A BILL TO BE ENTITLED
AN ACT
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.