83R20960 JSL-D
By: Farney H.B. No. 3809
Substitute the following for H.B. No. 3809:
By: J. Davis of Harris C.S.H.B. No. 3809
A BILL TO BE ENTITLED
AN ACT
relating to counselors employed by school districts, including the
use of consistent terminology in the Education Code to refer to
school counselors and a license requirement for licensed
professional counselors employed by school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.055(b)(18), Education Code, is amended
to read as follows:
(18) The commissioner shall adopt a recommended
appraisal process and criteria on which to appraise the performance
of teachers, a recommended appraisal process and criteria on which
to appraise the performance of administrators, and a job
description and evaluation form for use in evaluating school
counselors, as provided by Subchapter H, Chapter 21.
SECTION 2. Section 11.252(a), Education Code, is amended to
read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the student achievement indicators adopted
under Section 39.053. The district improvement plan must include
provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the student achievement
indicators, and other appropriate measures of performance, that are
disaggregated by all student groups served by the district,
including categories of ethnicity, socioeconomic status, sex, and
populations served by special programs, including students in
special education programs under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate student achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 3. Section 12.1059, Education Code, is amended to
read as follows:
Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN
EMPLOYEES. A person may not be employed by or serve as a teacher,
librarian, educational aide, administrator, or school counselor
for an open-enrollment charter school unless the person has been
approved by the agency following a review of the person's national
criminal history record information as provided by Section 22.0832.
SECTION 4. Sections 12.133(b), (c), (d), and (e), Education
Code, are amended to read as follows:
(b) Each school year, using state funds received by the
charter holder for that purpose under Subsection (d), a charter
holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time school counselors, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,500.
(c) Each school year, using state funds received by the
charter holder for that purpose under Subsection (e), a charter
holder that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time school counselors, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,000.
(d) Each school year, in addition to any amounts to which a
charter holder is entitled under this chapter, a charter holder
that participated in the program under Chapter 1579, Insurance
Code, for the 2005-2006 school year is entitled to state aid in an
amount, as determined by the commissioner, equal to the product of
$2,500 multiplied by the number of classroom teachers, full-time
librarians, full-time school counselors, and full-time school
nurses employed by the charter holder at an open-enrollment charter
school.
(e) Each school year, in addition to any amounts to which a
charter holder is entitled under this chapter, a charter holder
that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year is entitled to state
aid in an amount, as determined by the commissioner, equal to the
product of $2,000 multiplied by the number of classroom teachers,
full-time librarians, full-time school counselors, and full-time
school nurses employed by the charter holder at an open-enrollment
charter school.
SECTION 5. Section 19.007(f), Education Code, is amended to
read as follows:
(f) In addition to other amounts received by the district
under this section, the district is entitled to state aid in an
amount equal to the product of $2,000 multiplied by the number of
classroom teachers, full-time librarians, full-time school
counselors certified under Subchapter B, Chapter 21, and full-time
school nurses who are employed by the district and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district operating under Chapter 11.
SECTION 6. Sections 19.009(d-1) and (d-2), Education Code,
are amended to read as follows:
(d-1) Each school year, the district shall pay an amount at
least equal to $2,000 to each classroom teacher, full-time
librarian, full-time school counselor certified under Subchapter
B, Chapter 21, and full-time school nurse who is employed by the
district and who would be entitled to a minimum salary under Section
21.402 if employed by a school district operating under Chapter
11. A payment under this section is in addition to wages the
district would otherwise pay the employee during the school year.
(d-2) Beginning with the 2009-2010 school year, the
district shall increase the monthly salary of each classroom
teacher, full-time speech pathologist, full-time librarian,
full-time school counselor certified under Subchapter B, Chapter
21, and full-time school nurse employed by the district by the
greater of:
(1) $80; or
(2) the maximum uniform amount that, when combined
with any resulting increases in the amount of contributions made by
the district for social security coverage for the specified
employees or by the district on behalf of the specified employees
under Section 825.405, Government Code, may be provided using an
amount equal to the product of $60 multiplied by the number of
students in weighted average daily attendance in the district
during the 2009-2010 school year.
SECTION 7. Section 21.002(a), Education Code, is amended to
read as follows:
(a) A school district shall employ each classroom teacher,
principal, librarian, nurse, or school counselor under:
(1) a probationary contract, as provided by Subchapter
C;
(2) a continuing contract, as provided by Subchapter
D; or
(3) a term contract, as provided by Subchapter E.
SECTION 8. Section 21.003, Education Code, is amended to
read as follows:
Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
be employed as a teacher, teacher intern or teacher trainee,
librarian, educational aide, administrator, educational
diagnostician, or school counselor by a school district unless the
person holds an appropriate certificate or permit issued as
provided by Subchapter B.
(b) Except as otherwise provided by this subsection, a
person may not be employed by a school district as an audiologist,
occupational therapist, physical therapist, physician, nurse,
school psychologist, associate school psychologist, licensed
professional counselor, marriage and family therapist, social
worker, or speech language pathologist unless the person is
licensed by the state agency that licenses that profession and may
perform specific services within those professions for a school
district only if the person holds the appropriate credential from
the appropriate state agency. As long as a person employed by a
district before September 1, 2011, to perform marriage and family
therapy, as defined by Section 502.002, Occupations Code, is
employed by the same district, the person is not required to hold a
license as a marriage and family therapist to perform marriage and
family therapy with that district.
SECTION 9. Section 21.101, Education Code, is amended to
read as follows:
Sec. 21.101. DEFINITION. In this subchapter, "teacher"
means a principal, supervisor, classroom teacher, school
counselor, or other full-time professional employee who is required
to hold a certificate issued under Subchapter B or a nurse. The
term does not include a superintendent or a person who is not
entitled to a probationary, continuing, or term contract under
Section 21.002, an existing contract, or district policy.
SECTION 10. Section 21.201(1), Education Code, is amended
to read as follows:
(1) "Teacher" means a superintendent, principal,
supervisor, classroom teacher, school counselor, or other
full-time professional employee who is required to hold a
certificate issued under Subchapter B or a nurse. The term does
not include a person who is not entitled to a probationary,
continuing, or term contract under Section 21.002, an existing
contract, or district policy.
SECTION 11. Section 21.402(a), Education Code, as effective
until September 1, 2017, is amended to read as follows:
(a) Except as provided by Subsection (f), a school district
must pay each classroom teacher, full-time librarian, full-time
school counselor certified under Subchapter B, or full-time school
nurse not less than the minimum monthly salary, based on the
employee's level of experience in addition to other factors, as
determined by commissioner rule, determined by the following
formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of the basic allotment as provided by Section
42.101(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 42.101(a).
SECTION 12. Section 21.402(a), Education Code, as effective
September 1, 2017, is amended to read as follows:
(a) Except as provided by Subsection (e-1) or (f), a school
district must pay each classroom teacher, full-time librarian,
full-time school counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of the basic allotment as provided by Section
42.101(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 42.101(a).
SECTION 13. Section 21.402(c-1), Education Code, is amended
to read as follows:
(c-1) Notwithstanding Subsections (a) and (b), each school
district shall pay a monthly salary to each classroom teacher,
full-time speech pathologist, full-time librarian, full-time
school counselor certified under Subchapter B, and full-time school
nurse that is at least equal to the following monthly salary or the
monthly salary determined by the commissioner under Subsections (a)
and (b), whichever is greater:
Years of Monthly Years of Monthly
Years of Monthly
Experience Salary Experience Salary
Experience Salary
0 2,732 0 2,732
0 2,732
1 2,791 1 2,791
1 2,791
2 2,849 2 2,849
2 2,849
3 2,908 3 2,908
3 2,908
4 3,032 4 3,032
4 3,032
5 3,156 5 3,156
5 3,156
6 3,280 6 3,280
6 3,280
7 3,395 7 3,395
7 3,395
8 3,504 8 3,504
8 3,504
9 3,607 9 3,607
9 3,607
10 3,704 10 3,704
10 3,704
11 3,796 11 3,796
11 3,796
12 3,884 12 3,884
12 3,884
13 3,965 13 3,965
13 3,965
14 4,043 14 4,043
14 4,043
15 4,116 15 4,116
15 4,116
16 4,186 16 4,186
16 4,186
17 4,251 17 4,251
17 4,251
18 4,313 18 4,313
18 4,313
19 4,372 19 4,372
19 4,372
20 & Over 4,427 20 & Over 4,427
20 & Over 4,427
SECTION 14. Sections 21.403(a) and (c), Education Code, are
amended to read as follows:
(a) A teacher, librarian, school counselor, or nurse shall
advance one step on the minimum salary schedule under Section
21.402 for each year of experience as a teacher, librarian, school
counselor, or nurse until step 20 is reached.
(c) The commissioner shall adopt rules for determining the
experience for which a teacher, librarian, school counselor, or
nurse is to be given credit in placing the teacher, librarian,
school counselor, or nurse on the minimum salary schedule. A
district shall credit the teacher, librarian, school counselor, or
nurse for each year of experience without regard to whether the
years are consecutive.
SECTION 15. Section 21.4031(a)(2), Education Code, is
amended to read as follows:
(2) "Service record" means a school district
document that indicates the total years of service provided to the
district by a classroom teacher, librarian, school counselor, or
nurse.
SECTION 16. Section 21.4031(b), Education Code, is amended
to read as follows:
(b) On request by a classroom teacher, librarian, school
counselor, or nurse or by the school district employing one of those
individuals, a school district that previously employed the
individual shall provide a copy of the individual's service record
to the school district employing the individual. The district must
provide the copy not later than the 30th day after the later of:
(1) the date the request is made; or
(2) the date of the last day of the individual's
service to the district.
SECTION 17. Section 22.051(a), Education Code, is amended
to read as follows:
(a) In this subchapter, "professional employee of a school
district" includes:
(1) a superintendent, principal, teacher, including a
substitute teacher, supervisor, social worker, school counselor,
nurse, and teacher's aide employed by a school district;
(2) a teacher employed by a company that contracts
with a school district to provide the teacher's services to the
district;
(3) a student in an education preparation program
participating in a field experience or internship;
(4) a school bus driver certified in accordance with
standards and qualifications adopted by the Department of Public
Safety of the State of Texas;
(5) a member of the board of trustees of an independent
school district; and
(6) any other person employed by a school district
whose employment requires certification and the exercise of
discretion.
SECTION 18. Section 26.004, Education Code, is amended to
read as follows:
Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is
entitled to access to all written records of a school district
concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) health and immunization information;
(9) teacher and school counselor evaluations; and
(10) reports of behavioral patterns.
SECTION 19. Section 28.0212(a), Education Code, is amended
to read as follows:
(a) A principal shall designate a school [guidance]
counselor, teacher, or other appropriate individual to develop and
administer a personal graduation plan for each student enrolled in
a junior high, middle, or high school who:
(1) does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade level nine, as determined by the district.
SECTION 20. Section 28.026(a), Education Code, is amended
to read as follows:
(a) The board of trustees of a school district shall require
each high school in the district to post appropriate signs in each
school counselor's office, in each principal's office, and in each
administrative building indicating the substance of Section 51.803
regarding automatic college admission. To assist in the
dissemination of this information, the school district shall:
(1) require that each [high] school counselor and
class advisor at a high school be provided a detailed explanation of
the substance of Section 51.803;
(2) provide each district student, at the time the
student first registers for one or more classes required for high
school graduation, with a written notification of the substance of
Section 51.803;
(3) require that each [high] school counselor and
senior class advisor at a high school explain to eligible students
the substance of Section 51.803; and
(4) not later than the 14th day after the last day of
classes for the fall semester or an equivalent date in the case of a
school operated on a year-round system under Section 25.084,
provide each eligible senior student under Section 51.803 and each
student enrolled in the junior year of high school who has a grade
point average in the top 10 percent of the student's high school
class, and the student's parent or guardian, with a written
notification of the student's eligibility with a detailed
explanation in plain language of the substance of Section 51.803.
SECTION 21. Section 28.054(b), Education Code, is amended
to read as follows:
(b) To obtain a subsidy under this section, a student must:
(1) pay the fee for each test or examination for which
the student seeks a subsidy; and
(2) submit to the board through the student's school
[guidance] counselor a written application on a form prescribed by
the commissioner demonstrating financial need and the amount of the
fee paid by the student for each test or examination.
SECTION 22. Section 29.082(e), Education Code, is amended
to read as follows:
(e) A student who attends at least 90 percent of the program
days of a program under this section and who satisfies the
requirements for promotion prescribed by Section 28.021 shall be
promoted to the next grade level at the beginning of the next school
year unless a parent of the student presents a written request to
the school principal that the student not be promoted to the next
grade level. As soon as practicable after receiving the request
from a parent, the principal shall hold a formal meeting with the
student's parent, extended year program teacher, and school
counselor. During the meeting, the principal, teacher, or school
counselor shall explain the longitudinal statistics on the academic
performance of students who are not promoted to the next grade level
and provide information on the effect of retention on a student's
self-esteem and on the likelihood of a student dropping out of
school. After the meeting, the parent may withdraw the request that
the student not be promoted to the next grade level. If the parent
of a student eligible for promotion under this subsection withdraws
the request, the student shall be promoted. If a student is
promoted under this subsection, the school district shall continue
to use innovative practices to ensure that the student is
successful in school in succeeding years.
SECTION 23. Section 29.911(b), Education Code, is amended
to read as follows:
(b) During the designated week, each middle school, junior
high school, and high school shall provide students with
comprehensive grade-appropriate information regarding the pursuit
of higher education. The information provided must include
information regarding:
(1) higher education options available to students;
(2) standard admission requirements for institutions
of higher education, including:
(A) overall high school grade point average;
(B) required curriculum;
(C) college readiness standards and expectations
as determined under Section 28.008; and
(D) scores necessary on generally recognized
tests or assessment instruments used in admissions determinations,
including the Scholastic Assessment Test and the American College
Test;
(3) automatic admission of certain students to general
academic teaching institutions as provided by Section 51.803; and
(4) financial aid availability and requirements,
including the financial aid information provided by school
counselors under Section 33.007(b).
SECTION 24. Section 30.024(a), Education Code, is amended
to read as follows:
(a) In this section, "teacher" means a principal,
supervisor, classroom teacher, school counselor, or other
full-time professional employee who is required to hold a
certificate issued under Subchapter B, Chapter 21, except the term
does not include a superintendent or any employee who does not
provide direct and regular services to students at the school.
SECTION 25. Section 30.055(a), Education Code, is amended
to read as follows:
(a) In this section, "teacher" means a principal,
supervisor, classroom teacher, school counselor, or other
full-time professional employee who is required to hold a
certificate issued under Subchapter B, Chapter 21, except the term
does not include a superintendent.
SECTION 26. Section 30.102(b), Education Code, is amended
to read as follows:
(b) A classroom teacher, full-time librarian, full-time
school counselor certified under Subchapter B, Chapter 21, or
full-time school nurse employed by the commission is entitled to
receive as a minimum salary the monthly salary specified by Section
21.402. A classroom teacher, full-time librarian, full-time school
counselor, or full-time school nurse may be paid, from funds
appropriated to the commission, a salary in excess of the minimum
specified by that section, but the salary may not exceed the rate of
pay for a similar position in the public schools of an adjacent
school district.
SECTION 27. The heading to Section 33.002, Education Code,
is amended to read as follows:
Sec. 33.002. CERTIFIED SCHOOL COUNSELOR.
SECTION 28. Sections 33.002(b) and (c), Education Code, are
amended to read as follows:
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a school counselor certified
under the rules of the State Board for Educator Certification for
each elementary school in the district. A school district shall
employ at least one school counselor for every 500 elementary
school students in the district.
(c) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time school counselor certified
under the rules of the State Board for Educator Certification;
(2) employing a part-time teacher certified as a
school counselor under the rules of the State Board for Educator
Certification; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor certified under the rules of the State Board for Educator
Certification.
SECTION 29. Section 33.005, Education Code, is amended to
read as follows:
Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING
PROGRAMS. A school counselor shall work with the school faculty and
staff, students, parents, and the community to plan, implement, and
evaluate a developmental guidance and counseling program. The
school counselor shall design the program to include:
(1) a guidance curriculum to help students develop
their full educational potential, including the student's
interests and career objectives;
(2) a responsive services component to intervene on
behalf of any student whose immediate personal concerns or problems
put the student's continued educational, career, personal, or
social development at risk;
(3) an individual planning system to guide a student
as the student plans, monitors, and manages the student's own
educational, career, personal, and social development; and
(4) system support to support the efforts of teachers,
staff, parents, and other members of the community in promoting the
educational, career, personal, and social development of students.
SECTION 30. The heading to Section 33.006, Education Code,
is amended to read as follows:
Sec. 33.006. SCHOOL COUNSELORS; GENERAL DUTIES.
SECTION 31. Section 33.006(b), Education Code, is amended
to read as follows:
(b) In addition to a school counselor's responsibility
under Subsection (a), the school counselor shall:
(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.
SECTION 32. Sections 33.007(a) and (b), Education Code, are
amended to read as follows:
(a) Each school counselor at an elementary, middle, or
junior high school, including an open-enrollment charter school
offering those grades, shall advise students and their parents or
guardians regarding the importance of higher education, coursework
designed to prepare students for higher education, and financial
aid availability and requirements.
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a school
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a);
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803;
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56; and
(9) the availability of programs in the district under
which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs.
SECTION 33. Section 37.306(a), Education Code, is amended
to read as follows:
(a) At the end of the first semester of a student's
placement in an alternative education program under Section 37.304
or 37.305, the school district board of trustees shall convene a
committee to review the student's placement in the alternative
education program. The committee must be composed of:
(1) a classroom teacher from the campus to which the
student would be assigned were the student not placed in an
alternative education program;
(2) the student's parole or probation officer or, in
the case of a student who does not have a parole or probation
officer, a representative of the local juvenile probation
department;
(3) an instructor from the alternative education
program to which the student is assigned;
(4) a school district designee selected by the board
of trustees; and
(5) a school counselor employed by the school
district.
SECTION 34. Section 38.0041(c), Education Code, is amended
to read as follows:
(c) The methods under Subsection (b)(1) for increasing
awareness of issues regarding sexual abuse and other maltreatment
of children must include training, as provided by this subsection,
concerning prevention techniques for and recognition of sexual
abuse and all other maltreatment of children. The training:
(1) must be provided, as part of a new employee
orientation, to new school district and open-enrollment charter
school educators, including school counselors and coaches, and
other district and charter school professional staff members;
(2) may be provided annually to any district or
charter school staff member; and
(3) must include training concerning:
(A) factors indicating a child is at risk for
sexual abuse or other maltreatment;
(B) likely warning signs indicating a child may
be a victim of sexual abuse or other maltreatment;
(C) internal procedures for seeking assistance
for a child who is at risk for sexual abuse or other maltreatment,
including referral to a school counselor, a social worker, or
another mental health professional;
(D) techniques for reducing a child's risk of
sexual abuse or other maltreatment; and
(E) community organizations that have relevant
existing research-based programs that are able to provide training
or other education for school district or open-enrollment charter
school staff members, students, and parents.
SECTION 35. Section 51.9355(a), Education Code, is amended
to read as follows:
(a) The governing board of each general academic teaching
institution shall establish an office at the institution to assist
applicants, potential applicants, [high] school [guidance]
counselors at the high school level, and other interested persons
requesting assistance relating to:
(1) applying for admission to a bachelor's degree
program at the institution;
(2) applying for financial aid offered by or through
the institution or by an office or agency of this state or the
United States for attendance as an undergraduate student at the
institution;
(3) registering for an examination to be taken in
connection with admission to a bachelor's degree program at the
institution; or
(4) registering for an examination that may be taken
to receive undergraduate course credit at the institution or to
determine the skill or placement level of an applicant to or student
enrolled in a bachelor's degree program at the institution.
SECTION 36. Section 56.308(b), Education Code, is amended
to read as follows:
(b) Each school district shall:
(1) notify its middle school students, junior high
school students, and high school students, those students' teachers
and school counselors, and those students' parents of the TEXAS
grant and Teach for Texas grant programs, the eligibility
requirements of each program, the need for students to make
informed curriculum choices to be prepared for success beyond high
school, and sources of information on higher education admissions
and financial aid in a manner that assists the district in
implementing a strategy adopted by the district under Section
11.252(a)(4); and
(2) ensure that each student's official transcript or
diploma indicates whether the student has completed or is on
schedule to complete:
(A) the recommended or advanced high school
curriculum required for grant eligibility under Section 28.002 or
28.025; or
(B) for a school district covered by Section
56.304(f)(1), the required portion of the recommended or advanced
high school curriculum in the manner described by Section
56.304(f)(2).
SECTION 37. Section 56.460(b), Education Code, is amended
to read as follows:
(b) Each school district shall notify its middle school
students, junior high school students, and high school students,
those students' teachers and school counselors, and those students'
parents or guardians of the Texas B-On-time loan program and the
eligibility requirements of the program.
SECTION 38. Sections 61.806(c) and (d), Education Code, are
amended to read as follows:
(c) An eligible entity must make application to the board to
receive financial assistance under this subchapter. An application
must demonstrate that the program contains the following elements:
(1) involvement of public school officials, teachers,
and school counselors in identifying and selecting students in
elementary school for participation in the partnership program
during the elementary and secondary school grades;
(2) criteria for the selection of program participants
that include consideration of:
(A) whether the student has a high risk of
dropping out of school as measured by academic performance,
attendance, discipline problems, and other factors affecting
school performance, including teenage pregnancy or parenting,
substance abuse, child abuse or neglect, or limited English
proficiency; and
(B) whether the student is a low-income student
as defined by board rule;
(3) academic and counseling support services for
program participants;
(4) involvement of parents and community volunteers to
the extent possible; and
(5) an evaluation component that includes follow-up
relating to the academic performance of program participants during
secondary school and the program participants' plans concerning
college attendance.
(d) If financial assistance is awarded to an eligible entity
that is not a school district, the application must include a
description of the frequency and manner of involvement of the
public schools and school personnel, especially teachers and school
counselors, with the partnership program.
SECTION 39. Section 61.855(d), Education Code, is amended
to read as follows:
(d) A tech-prep program must:
(1) be implemented under an articulation agreement
between the participants in the consortium;
(2) consist of two to four years of secondary school
preceding graduation and:
(A) two or more years of higher education; or
(B) two or more years of apprenticeship following
secondary instruction;
(3) have a common core of required proficiency based
on the recommended high school program adopted by the State Board of
Education under Section 28.025(a), with proficiencies in
mathematics, science, reading, writing, communications, and
technologies designed to lead to an associate's degree or
postsecondary certificate in a specific career field;
(4) include the development of tech-prep program
curricula for both secondary and postsecondary participants in the
consortium that:
(A) meets academic standards developed by the
state;
(B) links secondary schools and two-year
postsecondary institutions, and, if practicable, four-year
institutions of higher education through nonduplicative sequences
of courses in career fields, including the investigation of
opportunities for tech-prep students to enroll concurrently in
secondary and postsecondary course work;
(C) uses, if appropriate and available,
work-based or worksite learning in conjunction with business and
all aspects of an industry; and
(D) uses educational technology and distance
learning, as appropriate, to involve each consortium participant
more fully in the development and operation of programs;
(5) include in-service training for teachers that:
(A) is designed to train vocational and technical
teachers to effectively implement tech-prep programs;
(B) provides for joint training for teachers in
the tech-prep consortium;
(C) is designed to ensure that teachers and
administrators stay current with the needs, expectations, and
methods of business and of all aspects of an industry;
(D) focuses on training postsecondary education
faculty in the use of contextual and applied curricula and
instruction; and
(E) provides training in the use and application
of technology;
(6) include training programs for school counselors
designed to enable school counselors to more effectively:
(A) provide information to students regarding
tech-prep programs;
(B) support student progress in completing
tech-prep programs;
(C) provide information on related employment
opportunities;
(D) ensure that tech-prep students are placed in
appropriate employment; and
(E) stay current with the needs, expectations,
and methods of business and of all aspects of an industry;
(7) provide equal access to the full range of
tech-prep programs for individuals who are members of special
populations, including by the development of tech-prep program
services appropriate to the needs of special populations; and
(8) provide for preparatory services that assist
participants in tech-prep programs.
SECTION 40. Section 503.051, Occupations Code, is amended
to read as follows:
Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL
INSTITUTION. This chapter does not apply to an activity, service,
or use of an official title by a person employed as a counselor by a
federal, state, county, or municipal agency or, except as provided
by Section 21.003(b), Education Code, by a public or private
educational institution if the person is performing counseling or
counseling-related activities within the scope of the person's
employment.
SECTION 41. 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, 2013.
Years of Monthly
Experience Salary
0 2,732
1 2,791
2 2,849
3 2,908
4 3,032
5 3,156
6 3,280
7 3,395
8 3,504
9 3,607
10 3,704
11 3,796
12 3,884
13 3,965
14 4,043
15 4,116
16 4,186
17 4,251
18 4,313
19 4,372
20 & Over 4,427