Texas 2013 83rd Regular

Texas House Bill HB1720 Introduced / Bill

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                    83R3744 KKA-D
 By: Workman H.B. No. 1720


 A BILL TO BE ENTITLED
 AN ACT
 relating to the duties and number of certified counselors in public
 schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 33.002, Education Code, is amended by
 amending Subsection (a) and adding Subsection (d) to read as
 follows:
 (a)  From funds appropriated for the purpose or other funds
 that may be used for the purpose, the commissioner shall distribute
 funds for programs under this subchapter. In distributing those
 funds, the commissioner shall give preference to a school district
 that received funds under this subsection for the preceding school
 year and then to the districts that have the highest concentration
 of students at risk of dropping out of school, as described by
 Section 29.081.  To receive funds for the program, a school
 district must apply to the commissioner.  For each school year that
 a school district receives funds under this subsection, the
 district shall allocate an amount of local funds for school
 guidance and counseling programs that is equal to or greater than
 the amount of local funds that the school district allocated for
 that purpose during the preceding school year. Subsections (b) and
 (c) apply [This section applies] only to a school district that
 receives funds as provided by this subsection.
 (d)  A school district with 250 or more students enrolled in
 high school grades shall employ a counselor certified under the
 rules of the State Board for Educator Certification for each high
 school in the district. A school district shall employ at least one
 counselor for every 250 high school students in the district.
 SECTION 2.  Section 33.006, Education Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  In addition to a school counselor's primary
 responsibility under Subsection (a), the counselor shall, to the
 extent possible considering the counselor's primary
 responsibility:
 (1)  participate in planning, implementing, and
 evaluating a comprehensive developmental guidance program to serve
 all students and to address the special needs of students:
 (A)  who are at risk of dropping out of school,
 becoming substance abusers, participating in gang activity, or
 committing suicide;
 (B)  who are in need of modified instructional
 strategies; or
 (C)  who are gifted and talented, with emphasis on
 identifying and serving gifted and talented students who are
 educationally disadvantaged;
 (2)  consult with a student's parent or guardian and
 make referrals as appropriate in consultation with the student's
 parent or guardian;
 (3)  consult with school staff, parents, and other
 community members to help them increase the effectiveness of
 student education and promote student success;
 (4)  coordinate people and resources in the school,
 home, and community;
 (5)  with the assistance of school staff, interpret
 standardized test results and other assessment data that help a
 student make educational and career plans; and
 (6)  deliver classroom guidance activities or serve as
 a consultant to teachers conducting lessons based on the school's
 guidance curriculum.
 (c)  Except as provided by Subsection (b)(5), a high school
 counselor may not be required or permitted to perform functions
 associated with the administration of assessment instruments
 required or authorized under Subchapter B, Chapter 39. Functions
 prohibited under this subsection include scheduling or monitoring
 the administration of assessment instruments.
 SECTION 3.  Subchapter E, Chapter 42, Education Code, is
 amended by adding Section 42.2519 to read as follows:
 Sec. 42.2519.  ADDITIONAL STATE AID FOR CERTIFIED HIGH
 SCHOOL COUNSELORS. (a)  For each school year, from funds that may
 be used for the purpose, a school district is entitled to state aid
 in an amount, as determined by the commissioner, sufficient to
 assist the district in employing the number of certified high
 school counselors required by Section 33.002(d).
 (b)  The amount of state aid to which a school district is
 entitled under this section is in addition to the amount of revenue
 to which the district is entitled under Section 42.2516(b). This
 subsection expires September 1, 2017.
 (c)  The commissioner shall adopt rules as necessary to
 administer this section.
 SECTION 4.  This Act applies beginning with the 2013-2014
 school year.
 SECTION 5.  This Act takes effect September 1, 2013.