| 1 | 1 | | 85R214 KJE-F |
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| 2 | 2 | | By: Lucio III H.B. No. 181 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of public school counselors' work time. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 33.006, Education Code, is amended by |
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| 10 | 10 | | adding Subsections (c) and (d) to read as follows: |
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| 11 | 11 | | (c) In accordance with rules adopted by the commissioner, |
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| 12 | 12 | | the board of trustees of each school district shall adopt a policy |
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| 13 | 13 | | that requires a school counselor to spend not more than 10 percent |
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| 14 | 14 | | of the school counselor's total work time on duties that are not |
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| 15 | 15 | | components of a counseling or guidance program developed under |
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| 16 | 16 | | Section 33.005. For purposes of this subsection, time spent in |
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| 17 | 17 | | administering assessment instruments or providing other assistance |
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| 18 | 18 | | in connection with assessment instruments, except time spent in |
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| 19 | 19 | | interpreting data from assessment instruments, is not considered |
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| 20 | 20 | | time spent on counseling or guidance. Each school in the district |
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| 21 | 21 | | shall implement the policy. A copy of the policy shall be |
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| 22 | 22 | | maintained in the office of each school in the district and made |
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| 23 | 23 | | available on request during regular school hours to district |
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| 24 | 24 | | employees, parents of district students, and the public. |
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| 25 | 25 | | (d) A school district may not include a provision in an |
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| 26 | 26 | | employment contract with a school counselor under Chapter 21 that |
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| 27 | 27 | | conflicts with the policy required by Subsection (c) or has the |
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| 28 | 28 | | effect of authorizing a school principal or school district |
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| 29 | 29 | | superintendent to require a school counselor to generally perform |
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| 30 | 30 | | duties that are not primarily related to a counseling or guidance |
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| 31 | 31 | | function. |
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| 32 | 32 | | SECTION 2. Section 7.028(a), Education Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | (a) Except as provided by Section 29.001(5), 29.010(a), |
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| 35 | 35 | | 39.056(d-1), or 39.057, the agency may monitor compliance with |
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| 36 | 36 | | requirements applicable to a process or program provided by a |
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| 37 | 37 | | school district, campus, program, or school granted charters under |
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| 38 | 38 | | Chapter 12, including the process described by Subchapter F, |
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| 39 | 39 | | Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or |
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| 40 | 40 | | I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the |
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| 41 | 41 | | use of funds provided for such a program under Subchapter C, Chapter |
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| 42 | 42 | | 42, only as necessary to ensure: |
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| 43 | 43 | | (1) compliance with federal law and regulations; |
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| 44 | 44 | | (2) financial accountability, including compliance |
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| 45 | 45 | | with grant requirements; and |
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| 46 | 46 | | (3) data integrity for purposes of: |
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| 47 | 47 | | (A) the Public Education Information Management |
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| 48 | 48 | | System (PEIMS); and |
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| 49 | 49 | | (B) accountability under Chapter 39. |
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| 50 | 50 | | SECTION 3. Section 39.056, Education Code, is amended by |
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| 51 | 51 | | adding Subsection (d-1) to read as follows: |
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| 52 | 52 | | (d-1) Before a monitoring review, the commissioner shall |
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| 53 | 53 | | request that the school district scheduled for the review assess |
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| 54 | 54 | | the district's compliance with the policy adopted under Section |
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| 55 | 55 | | 33.006(c) and provide a written copy of the assessment to the agency |
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| 56 | 56 | | on or before the date specified by the commissioner. As part of |
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| 57 | 57 | | each monitoring review, the agency shall interview a percentage of |
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| 58 | 58 | | district school counselors determined by the commissioner to assess |
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| 59 | 59 | | the district's compliance with the policy adopted under Section |
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| 60 | 60 | | 33.006(c). The commissioner shall adopt rules to implement this |
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| 61 | 61 | | subsection. |
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| 62 | 62 | | SECTION 4. (a) Each school district shall implement a |
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| 63 | 63 | | policy adopted under Section 33.006(c), Education Code, as added by |
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| 64 | 64 | | this Act, beginning with the 2017-2018 school year. |
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| 65 | 65 | | (b) Section 33.006(d), Education Code, as added by this Act, |
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| 66 | 66 | | applies only to a contract executed on or after the effective date |
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| 67 | 67 | | of this Act. A contract executed before the effective date of this |
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| 68 | 68 | | Act is governed by the law in effect on the date the contract was |
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| 69 | 69 | | executed, and the former law is continued in effect for that |
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| 70 | 70 | | purpose. |
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| 71 | 71 | | (c) Section 7.028(a), Education Code, as amended by this |
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| 72 | 72 | | Act, and Section 39.056(d-1), Education Code, as added by this Act, |
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| 73 | 73 | | apply beginning with the 2017-2018 school year. |
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| 74 | 74 | | SECTION 5. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2017. |
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