Texas 2013 - 83rd Regular

Texas House Bill HB3809 Compare Versions

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1	1	83R20960 JSL-D
2	2	By: Farney H.B. No. 3809
3	3	Substitute the following for H.B. No. 3809:
4	4	By: J. Davis of Harris C.S.H.B. No. 3809
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to counselors employed by school districts, including the
10	10	use of consistent terminology in the Education Code to refer to
11	11	school counselors and a license requirement for licensed
12	12	professional counselors employed by school districts.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 7.055(b)(18), Education Code, is amended
15	15	to read as follows:
16	16	(18) The commissioner shall adopt a recommended
17	17	appraisal process and criteria on which to appraise the performance
18	18	of teachers, a recommended appraisal process and criteria on which
19	19	to appraise the performance of administrators, and a job
20	20	description and evaluation form for use in evaluating school
21	21	counselors, as provided by Subchapter H, Chapter 21.
22	22	SECTION 2. Section 11.252(a), Education Code, is amended to
23	23	read as follows:
24	24	(a) Each school district shall have a district improvement
25	25	plan that is developed, evaluated, and revised annually, in
26	26	accordance with district policy, by the superintendent with the
27	27	assistance of the district-level committee established under
28	28	Section 11.251. The purpose of the district improvement plan is to
29	29	guide district and campus staff in the improvement of student
30	30	performance for all student groups in order to attain state
31	31	standards in respect to the student achievement indicators adopted
32	32	under Section 39.053. The district improvement plan must include
33	33	provisions for:
34	34	(1) a comprehensive needs assessment addressing
35	35	district student performance on the student achievement
36	36	indicators, and other appropriate measures of performance, that are
37	37	disaggregated by all student groups served by the district,
38	38	including categories of ethnicity, socioeconomic status, sex, and
39	39	populations served by special programs, including students in
40	40	special education programs under Subchapter A, Chapter 29;
41	41	(2) measurable district performance objectives for
42	42	all appropriate student achievement indicators for all student
43	43	populations, including students in special education programs
44	44	under Subchapter A, Chapter 29, and other measures of student
45	45	performance that may be identified through the comprehensive needs
46	46	assessment;
47	47	(3) strategies for improvement of student performance
48	48	that include:
49	49	(A) instructional methods for addressing the
50	50	needs of student groups not achieving their full potential;
51	51	(B) methods for addressing the needs of students
52	52	for special programs, including:
53	53	(i) suicide prevention programs, in
54	54	accordance with Subchapter O-1, Chapter 161, Health and Safety
55	55	Code, which includes a parental or guardian notification procedure;
56	56	(ii) conflict resolution programs;
57	57	(iii) violence prevention programs; and
58	58	(iv) dyslexia treatment programs;
59	59	(C) dropout reduction;
60	60	(D) integration of technology in instructional
61	61	and administrative programs;
62	62	(E) discipline management;
63	63	(F) staff development for professional staff of
64	64	the district;
65	65	(G) career education to assist students in
66	66	developing the knowledge, skills, and competencies necessary for a
67	67	broad range of career opportunities; and
68	68	(H) accelerated education;
69	69	(4) strategies for providing to middle school, junior
70	70	high school, and high school students, those students' teachers and
71	71	school counselors, and those students' parents information about:
72	72	(A) higher education admissions and financial
73	73	aid opportunities;
74	74	(B) the TEXAS grant program and the Teach for
75	75	Texas grant program established under Chapter 56;
76	76	(C) the need for students to make informed
77	77	curriculum choices to be prepared for success beyond high school;
78	78	and
79	79	(D) sources of information on higher education
80	80	admissions and financial aid;
81	81	(5) resources needed to implement identified
82	82	strategies;
83	83	(6) staff responsible for ensuring the accomplishment
84	84	of each strategy;
85	85	(7) timelines for ongoing monitoring of the
86	86	implementation of each improvement strategy;
87	87	(8) formative evaluation criteria for determining
88	88	periodically whether strategies are resulting in intended
89	89	improvement of student performance; and
90	90	(9) the policy under Section 38.0041 addressing sexual
91	91	abuse and other maltreatment of children.
92	92	SECTION 3. Section 12.1059, Education Code, is amended to
93	93	read as follows:
94	94	Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN
95	95	EMPLOYEES. A person may not be employed by or serve as a teacher,
96	96	librarian, educational aide, administrator, or school counselor
97	97	for an open-enrollment charter school unless the person has been
98	98	approved by the agency following a review of the person's national
99	99	criminal history record information as provided by Section 22.0832.
100	100	SECTION 4. Sections 12.133(b), (c), (d), and (e), Education
101	101	Code, are amended to read as follows:
102	102	(b) Each school year, using state funds received by the
103	103	charter holder for that purpose under Subsection (d), a charter
104	104	holder that participated in the program under Chapter 1579,
105	105	Insurance Code, for the 2005-2006 school year shall provide
106	106	employees of the charter holder, other than administrators,
107	107	compensation in the form of annual salaries, incentives, or other
108	108	compensation determined appropriate by the charter holder that
109	109	results in an average compensation increase for classroom teachers,
110	110	full-time librarians, full-time school counselors, and full-time
111	111	school nurses who are employed by the charter holder and who would
112	112	be entitled to a minimum salary under Section 21.402 if employed by
113	113	a school district, in an amount at least equal to $2,500.
114	114	(c) Each school year, using state funds received by the
115	115	charter holder for that purpose under Subsection (e), a charter
116	116	holder that did not participate in the program under Chapter 1579,
117	117	Insurance Code, for the 2005-2006 school year shall provide
118	118	employees of the charter holder, other than administrators,
119	119	compensation in the form of annual salaries, incentives, or other
120	120	compensation determined appropriate by the charter holder that
121	121	results in an average compensation increase for classroom teachers,
122	122	full-time librarians, full-time school counselors, and full-time
123	123	school nurses who are employed by the charter holder and who would
124	124	be entitled to a minimum salary under Section 21.402 if employed by
125	125	a school district, in an amount at least equal to $2,000.
126	126	(d) Each school year, in addition to any amounts to which a
127	127	charter holder is entitled under this chapter, a charter holder
128	128	that participated in the program under Chapter 1579, Insurance
129	129	Code, for the 2005-2006 school year is entitled to state aid in an
130	130	amount, as determined by the commissioner, equal to the product of
131	131	$2,500 multiplied by the number of classroom teachers, full-time
132	132	librarians, full-time school counselors, and full-time school
133	133	nurses employed by the charter holder at an open-enrollment charter
134	134	school.
135	135	(e) Each school year, in addition to any amounts to which a
136	136	charter holder is entitled under this chapter, a charter holder
137	137	that did not participate in the program under Chapter 1579,
138	138	Insurance Code, for the 2005-2006 school year is entitled to state
139	139	aid in an amount, as determined by the commissioner, equal to the
140	140	product of $2,000 multiplied by the number of classroom teachers,
141	141	full-time librarians, full-time school counselors, and full-time
142	142	school nurses employed by the charter holder at an open-enrollment
143	143	charter school.
144	144	SECTION 5. Section 19.007(f), Education Code, is amended to
145	145	read as follows:
146	146	(f) In addition to other amounts received by the district
147	147	under this section, the district is entitled to state aid in an
148	148	amount equal to the product of $2,000 multiplied by the number of
149	149	classroom teachers, full-time librarians, full-time school
150	150	counselors certified under Subchapter B, Chapter 21, and full-time
151	151	school nurses who are employed by the district and who would be
152	152	entitled to a minimum salary under Section 21.402 if employed by a
153	153	school district operating under Chapter 11.
154	154	SECTION 6. Sections 19.009(d-1) and (d-2), Education Code,
155	155	are amended to read as follows:
156	156	(d-1) Each school year, the district shall pay an amount at
157	157	least equal to $2,000 to each classroom teacher, full-time
158	158	librarian, full-time school counselor certified under Subchapter
159	159	B, Chapter 21, and full-time school nurse who is employed by the
160	160	district and who would be entitled to a minimum salary under Section
161	161	21.402 if employed by a school district operating under Chapter
162	162	11. A payment under this section is in addition to wages the
163	163	district would otherwise pay the employee during the school year.
164	164	(d-2) Beginning with the 2009-2010 school year, the
165	165	district shall increase the monthly salary of each classroom
166	166	teacher, full-time speech pathologist, full-time librarian,
167	167	full-time school counselor certified under Subchapter B, Chapter
168	168	21, and full-time school nurse employed by the district by the
169	169	greater of:
170	170	(1) $80; or
171	171	(2) the maximum uniform amount that, when combined
172	172	with any resulting increases in the amount of contributions made by
173	173	the district for social security coverage for the specified
174	174	employees or by the district on behalf of the specified employees
175	175	under Section 825.405, Government Code, may be provided using an
176	176	amount equal to the product of $60 multiplied by the number of
177	177	students in weighted average daily attendance in the district
178	178	during the 2009-2010 school year.
179	179	SECTION 7. Section 21.002(a), Education Code, is amended to
180	180	read as follows:
181	181	(a) A school district shall employ each classroom teacher,
182	182	principal, librarian, nurse, or school counselor under:
183	183	(1) a probationary contract, as provided by Subchapter
184	184	C;
185	185	(2) a continuing contract, as provided by Subchapter
186	186	D; or
187	187	(3) a term contract, as provided by Subchapter E.
188	188	SECTION 8. Section 21.003, Education Code, is amended to
189	189	read as follows:
190	190	Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not
191	191	be employed as a teacher, teacher intern or teacher trainee,
192	192	librarian, educational aide, administrator, educational
193	193	diagnostician, or school counselor by a school district unless the
194	194	person holds an appropriate certificate or permit issued as
195	195	provided by Subchapter B.
196	196	(b) Except as otherwise provided by this subsection, a
197	197	person may not be employed by a school district as an audiologist,
198	198	occupational therapist, physical therapist, physician, nurse,
199	199	school psychologist, associate school psychologist, licensed
200	200	professional counselor, marriage and family therapist, social
201	201	worker, or speech language pathologist unless the person is
202	202	licensed by the state agency that licenses that profession and may
203	203	perform specific services within those professions for a school
204	204	district only if the person holds the appropriate credential from
205	205	the appropriate state agency. As long as a person employed by a
206	206	district before September 1, 2011, to perform marriage and family
207	207	therapy, as defined by Section 502.002, Occupations Code, is
208	208	employed by the same district, the person is not required to hold a
209	209	license as a marriage and family therapist to perform marriage and
210	210	family therapy with that district.
211	211	SECTION 9. Section 21.101, Education Code, is amended to
212	212	read as follows:
213	213	Sec. 21.101. DEFINITION. In this subchapter, "teacher"
214	214	means a principal, supervisor, classroom teacher, school
215	215	counselor, or other full-time professional employee who is required
216	216	to hold a certificate issued under Subchapter B or a nurse. The
217	217	term does not include a superintendent or a person who is not
218	218	entitled to a probationary, continuing, or term contract under
219	219	Section 21.002, an existing contract, or district policy.
220	220	SECTION 10. Section 21.201(1), Education Code, is amended
221	221	to read as follows:
222	222	(1) "Teacher" means a superintendent, principal,
223	223	supervisor, classroom teacher, school counselor, or other
224	224	full-time professional employee who is required to hold a
225	225	certificate issued under Subchapter B or a nurse. The term does
226	226	not include a person who is not entitled to a probationary,
227	227	continuing, or term contract under Section 21.002, an existing
228	228	contract, or district policy.
229	229	SECTION 11. Section 21.402(a), Education Code, as effective
230	230	until September 1, 2017, is amended to read as follows:
231	231	(a) Except as provided by Subsection (f), a school district
232	232	must pay each classroom teacher, full-time librarian, full-time
233	233	school counselor certified under Subchapter B, or full-time school
234	234	nurse not less than the minimum monthly salary, based on the
235	235	employee's level of experience in addition to other factors, as
236	236	determined by commissioner rule, determined by the following
237	237	formula:
238	238	MS = SF x FS
239	239	where:
240	240	"MS" is the minimum monthly salary;
241	241	"SF" is the applicable salary factor specified by Subsection
242	242	(c); and
243	243	"FS" is the amount, as determined by the commissioner under
244	244	Subsection (b), of the basic allotment as provided by Section
245	245	42.101(a) or (b) for a school district with a maintenance and
246	246	operations tax rate at least equal to the state maximum compressed
247	247	tax rate, as defined by Section 42.101(a).
248	248	SECTION 12. Section 21.402(a), Education Code, as effective
249	249	September 1, 2017, is amended to read as follows:
250	250	(a) Except as provided by Subsection (e-1) or (f), a school
251	251	district must pay each classroom teacher, full-time librarian,
252	252	full-time school counselor certified under Subchapter B, or
253	253	full-time school nurse not less than the minimum monthly salary,
254	254	based on the employee's level of experience in addition to other
255	255	factors, as determined by commissioner rule, determined by the
256	256	following formula:
257	257	MS = SF x FS
258	258	where:
259	259	"MS" is the minimum monthly salary;
260	260	"SF" is the applicable salary factor specified by Subsection
261	261	(c); and
262	262	"FS" is the amount, as determined by the commissioner under
263	263	Subsection (b), of the basic allotment as provided by Section
264	264	42.101(a) or (b) for a school district with a maintenance and
265	265	operations tax rate at least equal to the state maximum compressed
266	266	tax rate, as defined by Section 42.101(a).
267	267	SECTION 13. Section 21.402(c-1), Education Code, is amended
268	268	to read as follows:
269	269	(c-1) Notwithstanding Subsections (a) and (b), each school
270	270	district shall pay a monthly salary to each classroom teacher,
271	271	full-time speech pathologist, full-time librarian, full-time
272	272	school counselor certified under Subchapter B, and full-time school
273	273	nurse that is at least equal to the following monthly salary or the
274	274	monthly salary determined by the commissioner under Subsections (a)
275	275	and (b), whichever is greater:
276	276	Years of Monthly Years of Monthly
277	277	Years of Monthly
278	278	Experience Salary Experience Salary
279	279	Experience Salary
280	280	0 2,732 0 2,732
281	281	0 2,732
282	282	1 2,791 1 2,791
283	283	1 2,791
284	284	2 2,849 2 2,849
285	285	2 2,849
286	286	3 2,908 3 2,908
287	287	3 2,908
288	288	4 3,032 4 3,032
289	289	4 3,032
290	290	5 3,156 5 3,156
291	291	5 3,156
292	292	6 3,280 6 3,280
293	293	6 3,280
294	294	7 3,395 7 3,395
295	295	7 3,395
296	296	8 3,504 8 3,504
297	297	8 3,504
298	298	9 3,607 9 3,607
299	299	9 3,607
300	300	10 3,704 10 3,704
301	301	10 3,704
302	302	11 3,796 11 3,796
303	303	11 3,796
304	304	12 3,884 12 3,884
305	305	12 3,884
306	306	13 3,965 13 3,965
307	307	13 3,965
308	308	14 4,043 14 4,043
309	309	14 4,043
310	310	15 4,116 15 4,116
311	311	15 4,116
312	312	16 4,186 16 4,186
313	313	16 4,186
314	314	17 4,251 17 4,251
315	315	17 4,251
316	316	18 4,313 18 4,313
317	317	18 4,313
318	318	19 4,372 19 4,372
319	319	19 4,372
320	320	20 & Over 4,427 20 & Over 4,427
321	321	20 & Over 4,427
322	322	SECTION 14. Sections 21.403(a) and (c), Education Code, are
323	323	amended to read as follows:
324	324	(a) A teacher, librarian, school counselor, or nurse shall
325	325	advance one step on the minimum salary schedule under Section
326	326	21.402 for each year of experience as a teacher, librarian, school
327	327	counselor, or nurse until step 20 is reached.
328	328	(c) The commissioner shall adopt rules for determining the
329	329	experience for which a teacher, librarian, school counselor, or
330	330	nurse is to be given credit in placing the teacher, librarian,
331	331	school counselor, or nurse on the minimum salary schedule. A
332	332	district shall credit the teacher, librarian, school counselor, or
333	333	nurse for each year of experience without regard to whether the
334	334	years are consecutive.
335	335	SECTION 15. Section 21.4031(a)(2), Education Code, is
336	336	amended to read as follows:
337	337	(2) "Service record" means a school district
338	338	document that indicates the total years of service provided to the
339	339	district by a classroom teacher, librarian, school counselor, or
340	340	nurse.
341	341	SECTION 16. Section 21.4031(b), Education Code, is amended
342	342	to read as follows:
343	343	(b) On request by a classroom teacher, librarian, school
344	344	counselor, or nurse or by the school district employing one of those
345	345	individuals, a school district that previously employed the
346	346	individual shall provide a copy of the individual's service record
347	347	to the school district employing the individual. The district must
348	348	provide the copy not later than the 30th day after the later of:
349	349	(1) the date the request is made; or
350	350	(2) the date of the last day of the individual's
351	351	service to the district.
352	352	SECTION 17. Section 22.051(a), Education Code, is amended
353	353	to read as follows:
354	354	(a) In this subchapter, "professional employee of a school
355	355	district" includes:
356	356	(1) a superintendent, principal, teacher, including a
357	357	substitute teacher, supervisor, social worker, school counselor,
358	358	nurse, and teacher's aide employed by a school district;
359	359	(2) a teacher employed by a company that contracts
360	360	with a school district to provide the teacher's services to the
361	361	district;
362	362	(3) a student in an education preparation program
363	363	participating in a field experience or internship;
364	364	(4) a school bus driver certified in accordance with
365	365	standards and qualifications adopted by the Department of Public
366	366	Safety of the State of Texas;
367	367	(5) a member of the board of trustees of an independent
368	368	school district; and
369	369	(6) any other person employed by a school district
370	370	whose employment requires certification and the exercise of
371	371	discretion.
372	372	SECTION 18. Section 26.004, Education Code, is amended to
373	373	read as follows:
374	374	Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is
375	375	entitled to access to all written records of a school district
376	376	concerning the parent's child, including:
377	377	(1) attendance records;
378	378	(2) test scores;
379	379	(3) grades;
380	380	(4) disciplinary records;
381	381	(5) counseling records;
382	382	(6) psychological records;
383	383	(7) applications for admission;
384	384	(8) health and immunization information;
385	385	(9) teacher and school counselor evaluations; and
386	386	(10) reports of behavioral patterns.
387	387	SECTION 19. Section 28.0212(a), Education Code, is amended
388	388	to read as follows:
389	389	(a) A principal shall designate a school [guidance]
390	390	counselor, teacher, or other appropriate individual to develop and
391	391	administer a personal graduation plan for each student enrolled in
392	392	a junior high, middle, or high school who:
393	393	(1) does not perform satisfactorily on an assessment
394	394	instrument administered under Subchapter B, Chapter 39; or
395	395	(2) is not likely to receive a high school diploma
396	396	before the fifth school year following the student's enrollment in
397	397	grade level nine, as determined by the district.
398	398	SECTION 20. Section 28.026(a), Education Code, is amended
399	399	to read as follows:
400	400	(a) The board of trustees of a school district shall require
401	401	each high school in the district to post appropriate signs in each
402	402	school counselor's office, in each principal's office, and in each
403	403	administrative building indicating the substance of Section 51.803
404	404	regarding automatic college admission. To assist in the
405	405	dissemination of this information, the school district shall:
406	406	(1) require that each [high] school counselor and
407	407	class advisor at a high school be provided a detailed explanation of
408	408	the substance of Section 51.803;
409	409	(2) provide each district student, at the time the
410	410	student first registers for one or more classes required for high
411	411	school graduation, with a written notification of the substance of
412	412	Section 51.803;
413	413	(3) require that each [high] school counselor and
414	414	senior class advisor at a high school explain to eligible students
415	415	the substance of Section 51.803; and
416	416	(4) not later than the 14th day after the last day of
417	417	classes for the fall semester or an equivalent date in the case of a
418	418	school operated on a year-round system under Section 25.084,
419	419	provide each eligible senior student under Section 51.803 and each
420	420	student enrolled in the junior year of high school who has a grade
421	421	point average in the top 10 percent of the student's high school
422	422	class, and the student's parent or guardian, with a written
423	423	notification of the student's eligibility with a detailed
424	424	explanation in plain language of the substance of Section 51.803.
425	425	SECTION 21. Section 28.054(b), Education Code, is amended
426	426	to read as follows:
427	427	(b) To obtain a subsidy under this section, a student must:
428	428	(1) pay the fee for each test or examination for which
429	429	the student seeks a subsidy; and
430	430	(2) submit to the board through the student's school
431	431	[guidance] counselor a written application on a form prescribed by
432	432	the commissioner demonstrating financial need and the amount of the
433	433	fee paid by the student for each test or examination.
434	434	SECTION 22. Section 29.082(e), Education Code, is amended
435	435	to read as follows:
436	436	(e) A student who attends at least 90 percent of the program
437	437	days of a program under this section and who satisfies the
438	438	requirements for promotion prescribed by Section 28.021 shall be
439	439	promoted to the next grade level at the beginning of the next school
440	440	year unless a parent of the student presents a written request to
441	441	the school principal that the student not be promoted to the next
442	442	grade level. As soon as practicable after receiving the request
443	443	from a parent, the principal shall hold a formal meeting with the
444	444	student's parent, extended year program teacher, and school
445	445	counselor. During the meeting, the principal, teacher, or school
446	446	counselor shall explain the longitudinal statistics on the academic
447	447	performance of students who are not promoted to the next grade level
448	448	and provide information on the effect of retention on a student's
449	449	self-esteem and on the likelihood of a student dropping out of
450	450	school. After the meeting, the parent may withdraw the request that
451	451	the student not be promoted to the next grade level. If the parent
452	452	of a student eligible for promotion under this subsection withdraws
453	453	the request, the student shall be promoted. If a student is
454	454	promoted under this subsection, the school district shall continue
455	455	to use innovative practices to ensure that the student is
456	456	successful in school in succeeding years.
457	457	SECTION 23. Section 29.911(b), Education Code, is amended
458	458	to read as follows:
459	459	(b) During the designated week, each middle school, junior
460	460	high school, and high school shall provide students with
461	461	comprehensive grade-appropriate information regarding the pursuit
462	462	of higher education. The information provided must include
463	463	information regarding:
464	464	(1) higher education options available to students;
465	465	(2) standard admission requirements for institutions
466	466	of higher education, including:
467	467	(A) overall high school grade point average;
468	468	(B) required curriculum;
469	469	(C) college readiness standards and expectations
470	470	as determined under Section 28.008; and
471	471	(D) scores necessary on generally recognized
472	472	tests or assessment instruments used in admissions determinations,
473	473	including the Scholastic Assessment Test and the American College
474	474	Test;
475	475	(3) automatic admission of certain students to general
476	476	academic teaching institutions as provided by Section 51.803; and
477	477	(4) financial aid availability and requirements,
478	478	including the financial aid information provided by school
479	479	counselors under Section 33.007(b).
480	480	SECTION 24. Section 30.024(a), Education Code, is amended
481	481	to read as follows:
482	482	(a) In this section, "teacher" means a principal,
483	483	supervisor, classroom teacher, school counselor, or other
484	484	full-time professional employee who is required to hold a
485	485	certificate issued under Subchapter B, Chapter 21, except the term
486	486	does not include a superintendent or any employee who does not
487	487	provide direct and regular services to students at the school.
488	488	SECTION 25. Section 30.055(a), Education Code, is amended
489	489	to read as follows:
490	490	(a) In this section, "teacher" means a principal,
491	491	supervisor, classroom teacher, school counselor, or other
492	492	full-time professional employee who is required to hold a
493	493	certificate issued under Subchapter B, Chapter 21, except the term
494	494	does not include a superintendent.
495	495	SECTION 26. Section 30.102(b), Education Code, is amended
496	496	to read as follows:
497	497	(b) A classroom teacher, full-time librarian, full-time
498	498	school counselor certified under Subchapter B, Chapter 21, or
499	499	full-time school nurse employed by the commission is entitled to
500	500	receive as a minimum salary the monthly salary specified by Section
501	501	21.402. A classroom teacher, full-time librarian, full-time school
502	502	counselor, or full-time school nurse may be paid, from funds
503	503	appropriated to the commission, a salary in excess of the minimum
504	504	specified by that section, but the salary may not exceed the rate of
505	505	pay for a similar position in the public schools of an adjacent
506	506	school district.
507	507	SECTION 27. The heading to Section 33.002, Education Code,
508	508	is amended to read as follows:
509	509	Sec. 33.002. CERTIFIED SCHOOL COUNSELOR.
510	510	SECTION 28. Sections 33.002(b) and (c), Education Code, are
511	511	amended to read as follows:
512	512	(b) A school district with 500 or more students enrolled in
513	513	elementary school grades shall employ a school counselor certified
514	514	under the rules of the State Board for Educator Certification for
515	515	each elementary school in the district. A school district shall
516	516	employ at least one school counselor for every 500 elementary
517	517	school students in the district.
518	518	(c) A school district with fewer than 500 students enrolled
519	519	in elementary school grades shall provide guidance and counseling
520	520	services to elementary school students by:
521	521	(1) employing a part-time school counselor certified
522	522	under the rules of the State Board for Educator Certification;
523	523	(2) employing a part-time teacher certified as a
524	524	school counselor under the rules of the State Board for Educator
525	525	Certification; or
526	526	(3) entering into a shared services arrangement
527	527	agreement with one or more school districts to share a school
528	528	counselor certified under the rules of the State Board for Educator
529	529	Certification.
530	530	SECTION 29. Section 33.005, Education Code, is amended to
531	531	read as follows:
532	532	Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING
533	533	PROGRAMS. A school counselor shall work with the school faculty and
534	534	staff, students, parents, and the community to plan, implement, and
535	535	evaluate a developmental guidance and counseling program. The
536	536	school counselor shall design the program to include:
537	537	(1) a guidance curriculum to help students develop
538	538	their full educational potential, including the student's
539	539	interests and career objectives;
540	540	(2) a responsive services component to intervene on
541	541	behalf of any student whose immediate personal concerns or problems
542	542	put the student's continued educational, career, personal, or
543	543	social development at risk;
544	544	(3) an individual planning system to guide a student
545	545	as the student plans, monitors, and manages the student's own
546	546	educational, career, personal, and social development; and
547	547	(4) system support to support the efforts of teachers,
548	548	staff, parents, and other members of the community in promoting the
549	549	educational, career, personal, and social development of students.
550	550	SECTION 30. The heading to Section 33.006, Education Code,
551	551	is amended to read as follows:
552	552	Sec. 33.006. SCHOOL COUNSELORS; GENERAL DUTIES.
553	553	SECTION 31. Section 33.006(b), Education Code, is amended
554	554	to read as follows:
555	555	(b) In addition to a school counselor's responsibility
556	556	under Subsection (a), the school counselor shall:
557	557	(1) participate in planning, implementing, and
558	558	evaluating a comprehensive developmental guidance program to serve
559	559	all students and to address the special needs of students:
560	560	(A) who are at risk of dropping out of school,
561	561	becoming substance abusers, participating in gang activity, or
562	562	committing suicide;
563	563	(B) who are in need of modified instructional
564	564	strategies; or
565	565	(C) who are gifted and talented, with emphasis on
566	566	identifying and serving gifted and talented students who are
567	567	educationally disadvantaged;
568	568	(2) consult with a student's parent or guardian and
569	569	make referrals as appropriate in consultation with the student's
570	570	parent or guardian;
571	571	(3) consult with school staff, parents, and other
572	572	community members to help them increase the effectiveness of
573	573	student education and promote student success;
574	574	(4) coordinate people and resources in the school,
575	575	home, and community;
576	576	(5) with the assistance of school staff, interpret
577	577	standardized test results and other assessment data that help a
578	578	student make educational and career plans; and
579	579	(6) deliver classroom guidance activities or serve as
580	580	a consultant to teachers conducting lessons based on the school's
581	581	guidance curriculum.
582	582	SECTION 32. Sections 33.007(a) and (b), Education Code, are
583	583	amended to read as follows:
584	584	(a) Each school counselor at an elementary, middle, or
585	585	junior high school, including an open-enrollment charter school
586	586	offering those grades, shall advise students and their parents or
587	587	guardians regarding the importance of higher education, coursework
588	588	designed to prepare students for higher education, and financial
589	589	aid availability and requirements.
590	590	(b) During the first school year a student is enrolled in a
591	591	high school or at the high school level in an open-enrollment
592	592	charter school, and again during a student's senior year, a school
593	593	counselor shall provide information about higher education to the
594	594	student and the student's parent or guardian. The information must
595	595	include information regarding:
596	596	(1) the importance of higher education;
597	597	(2) the advantages of completing the recommended or
598	598	advanced high school program adopted under Section 28.025(a);
599	599	(3) the disadvantages of taking courses to prepare for
600	600	a high school equivalency examination relative to the benefits of
601	601	taking courses leading to a high school diploma;
602	602	(4) financial aid eligibility;
603	603	(5) instruction on how to apply for federal financial
604	604	aid;
605	605	(6) the center for financial aid information
606	606	established under Section 61.0776;
607	607	(7) the automatic admission of certain students to
608	608	general academic teaching institutions as provided by Section
609	609	51.803;
610	610	(8) the eligibility and academic performance
611	611	requirements for the TEXAS Grant as provided by Subchapter M,
612	612	Chapter 56; and
613	613	(9) the availability of programs in the district under
614	614	which a student may earn college credit, including advanced
615	615	placement programs, dual credit programs, joint high school and
616	616	college credit programs, and international baccalaureate programs.
617	617	SECTION 33. Section 37.306(a), Education Code, is amended
618	618	to read as follows:
619	619	(a) At the end of the first semester of a student's
620	620	placement in an alternative education program under Section 37.304
621	621	or 37.305, the school district board of trustees shall convene a
622	622	committee to review the student's placement in the alternative
623	623	education program. The committee must be composed of:
624	624	(1) a classroom teacher from the campus to which the
625	625	student would be assigned were the student not placed in an
626	626	alternative education program;
627	627	(2) the student's parole or probation officer or, in
628	628	the case of a student who does not have a parole or probation
629	629	officer, a representative of the local juvenile probation
630	630	department;
631	631	(3) an instructor from the alternative education
632	632	program to which the student is assigned;
633	633	(4) a school district designee selected by the board
634	634	of trustees; and
635	635	(5) a school counselor employed by the school
636	636	district.
637	637	SECTION 34. Section 38.0041(c), Education Code, is amended
638	638	to read as follows:
639	639	(c) The methods under Subsection (b)(1) for increasing
640	640	awareness of issues regarding sexual abuse and other maltreatment
641	641	of children must include training, as provided by this subsection,
642	642	concerning prevention techniques for and recognition of sexual
643	643	abuse and all other maltreatment of children. The training:
644	644	(1) must be provided, as part of a new employee
645	645	orientation, to new school district and open-enrollment charter
646	646	school educators, including school counselors and coaches, and
647	647	other district and charter school professional staff members;
648	648	(2) may be provided annually to any district or
649	649	charter school staff member; and
650	650	(3) must include training concerning:
651	651	(A) factors indicating a child is at risk for
652	652	sexual abuse or other maltreatment;
653	653	(B) likely warning signs indicating a child may
654	654	be a victim of sexual abuse or other maltreatment;
655	655	(C) internal procedures for seeking assistance
656	656	for a child who is at risk for sexual abuse or other maltreatment,
657	657	including referral to a school counselor, a social worker, or
658	658	another mental health professional;
659	659	(D) techniques for reducing a child's risk of
660	660	sexual abuse or other maltreatment; and
661	661	(E) community organizations that have relevant
662	662	existing research-based programs that are able to provide training
663	663	or other education for school district or open-enrollment charter
664	664	school staff members, students, and parents.
665	665	SECTION 35. Section 51.9355(a), Education Code, is amended
666	666	to read as follows:
667	667	(a) The governing board of each general academic teaching
668	668	institution shall establish an office at the institution to assist
669	669	applicants, potential applicants, [high] school [guidance]
670	670	counselors at the high school level, and other interested persons
671	671	requesting assistance relating to:
672	672	(1) applying for admission to a bachelor's degree
673	673	program at the institution;
674	674	(2) applying for financial aid offered by or through
675	675	the institution or by an office or agency of this state or the
676	676	United States for attendance as an undergraduate student at the
677	677	institution;
678	678	(3) registering for an examination to be taken in
679	679	connection with admission to a bachelor's degree program at the
680	680	institution; or
681	681	(4) registering for an examination that may be taken
682	682	to receive undergraduate course credit at the institution or to
683	683	determine the skill or placement level of an applicant to or student
684	684	enrolled in a bachelor's degree program at the institution.
685	685	SECTION 36. Section 56.308(b), Education Code, is amended
686	686	to read as follows:
687	687	(b) Each school district shall:
688	688	(1) notify its middle school students, junior high
689	689	school students, and high school students, those students' teachers
690	690	and school counselors, and those students' parents of the TEXAS
691	691	grant and Teach for Texas grant programs, the eligibility
692	692	requirements of each program, the need for students to make
693	693	informed curriculum choices to be prepared for success beyond high
694	694	school, and sources of information on higher education admissions
695	695	and financial aid in a manner that assists the district in
696	696	implementing a strategy adopted by the district under Section
697	697	11.252(a)(4); and
698	698	(2) ensure that each student's official transcript or
699	699	diploma indicates whether the student has completed or is on
700	700	schedule to complete:
701	701	(A) the recommended or advanced high school
702	702	curriculum required for grant eligibility under Section 28.002 or
703	703	28.025; or
704	704	(B) for a school district covered by Section
705	705	56.304(f)(1), the required portion of the recommended or advanced
706	706	high school curriculum in the manner described by Section
707	707	56.304(f)(2).
708	708	SECTION 37. Section 56.460(b), Education Code, is amended
709	709	to read as follows:
710	710	(b) Each school district shall notify its middle school
711	711	students, junior high school students, and high school students,
712	712	those students' teachers and school counselors, and those students'
713	713	parents or guardians of the Texas B-On-time loan program and the
714	714	eligibility requirements of the program.
715	715	SECTION 38. Sections 61.806(c) and (d), Education Code, are
716	716	amended to read as follows:
717	717	(c) An eligible entity must make application to the board to
718	718	receive financial assistance under this subchapter. An application
719	719	must demonstrate that the program contains the following elements:
720	720	(1) involvement of public school officials, teachers,
721	721	and school counselors in identifying and selecting students in
722	722	elementary school for participation in the partnership program
723	723	during the elementary and secondary school grades;
724	724	(2) criteria for the selection of program participants
725	725	that include consideration of:
726	726	(A) whether the student has a high risk of
727	727	dropping out of school as measured by academic performance,
728	728	attendance, discipline problems, and other factors affecting
729	729	school performance, including teenage pregnancy or parenting,
730	730	substance abuse, child abuse or neglect, or limited English
731	731	proficiency; and
732	732	(B) whether the student is a low-income student
733	733	as defined by board rule;
734	734	(3) academic and counseling support services for
735	735	program participants;
736	736	(4) involvement of parents and community volunteers to
737	737	the extent possible; and
738	738	(5) an evaluation component that includes follow-up
739	739	relating to the academic performance of program participants during
740	740	secondary school and the program participants' plans concerning
741	741	college attendance.
742	742	(d) If financial assistance is awarded to an eligible entity
743	743	that is not a school district, the application must include a
744	744	description of the frequency and manner of involvement of the
745	745	public schools and school personnel, especially teachers and school
746	746	counselors, with the partnership program.
747	747	SECTION 39. Section 61.855(d), Education Code, is amended
748	748	to read as follows:
749	749	(d) A tech-prep program must:
750	750	(1) be implemented under an articulation agreement
751	751	between the participants in the consortium;
752	752	(2) consist of two to four years of secondary school
753	753	preceding graduation and:
754	754	(A) two or more years of higher education; or
755	755	(B) two or more years of apprenticeship following
756	756	secondary instruction;
757	757	(3) have a common core of required proficiency based
758	758	on the recommended high school program adopted by the State Board of
759	759	Education under Section 28.025(a), with proficiencies in
760	760	mathematics, science, reading, writing, communications, and
761	761	technologies designed to lead to an associate's degree or
762	762	postsecondary certificate in a specific career field;
763	763	(4) include the development of tech-prep program
764	764	curricula for both secondary and postsecondary participants in the
765	765	consortium that:
766	766	(A) meets academic standards developed by the
767	767	state;
768	768	(B) links secondary schools and two-year
769	769	postsecondary institutions, and, if practicable, four-year
770	770	institutions of higher education through nonduplicative sequences
771	771	of courses in career fields, including the investigation of
772	772	opportunities for tech-prep students to enroll concurrently in
773	773	secondary and postsecondary course work;
774	774	(C) uses, if appropriate and available,
775	775	work-based or worksite learning in conjunction with business and
776	776	all aspects of an industry; and
777	777	(D) uses educational technology and distance
778	778	learning, as appropriate, to involve each consortium participant
779	779	more fully in the development and operation of programs;
780	780	(5) include in-service training for teachers that:
781	781	(A) is designed to train vocational and technical
782	782	teachers to effectively implement tech-prep programs;
783	783	(B) provides for joint training for teachers in
784	784	the tech-prep consortium;
785	785	(C) is designed to ensure that teachers and
786	786	administrators stay current with the needs, expectations, and
787	787	methods of business and of all aspects of an industry;
788	788	(D) focuses on training postsecondary education
789	789	faculty in the use of contextual and applied curricula and
790	790	instruction; and
791	791	(E) provides training in the use and application
792	792	of technology;
793	793	(6) include training programs for school counselors
794	794	designed to enable school counselors to more effectively:
795	795	(A) provide information to students regarding
796	796	tech-prep programs;
797	797	(B) support student progress in completing
798	798	tech-prep programs;
799	799	(C) provide information on related employment
800	800	opportunities;
801	801	(D) ensure that tech-prep students are placed in
802	802	appropriate employment; and
803	803	(E) stay current with the needs, expectations,
804	804	and methods of business and of all aspects of an industry;
805	805	(7) provide equal access to the full range of
806	806	tech-prep programs for individuals who are members of special
807	807	populations, including by the development of tech-prep program
808	808	services appropriate to the needs of special populations; and
809	809	(8) provide for preparatory services that assist
810	810	participants in tech-prep programs.
811	811	SECTION 40. Section 503.051, Occupations Code, is amended
812	812	to read as follows:
813	813	Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL
814	814	INSTITUTION. This chapter does not apply to an activity, service,
815	815	or use of an official title by a person employed as a counselor by a
816	816	federal, state, county, or municipal agency or, except as provided
817	817	by Section 21.003(b), Education Code, by a public or private
818	818	educational institution if the person is performing counseling or
819	819	counseling-related activities within the scope of the person's
820	820	employment.
821	821	SECTION 41. This Act takes effect immediately if it
822	822	receives a vote of two-thirds of all the members elected to each
823	823	house, as provided by Section 39, Article III, Texas Constitution.
824	824	If this Act does not receive the vote necessary for immediate
825	825	effect, this Act takes effect September 1, 2013.
826	826
827	827	Years of Monthly
828	828
829	829	Experience Salary
830	830
831	831	0 2,732
832	832
833	833	1 2,791
834	834
835	835	2 2,849
836	836
837	837	3 2,908
838	838
839	839	4 3,032
840	840
841	841	5 3,156
842	842
843	843	6 3,280
844	844
845	845	7 3,395
846	846
847	847	8 3,504
848	848
849	849	9 3,607
850	850
851	851	10 3,704
852	852
853	853	11 3,796
854	854
855	855	12 3,884
856	856
857	857	13 3,965
858	858
859	859	14 4,043
860	860
861	861	15 4,116
862	862
863	863	16 4,186
864	864
865	865	17 4,251
866	866
867	867	18 4,313
868	868
869	869	19 4,372
870	870
871	871	20 & Over 4,427