S.B. No. 196
relating to a notification requirement if a public school,
including an open-enrollment charter school, does not have a nurse,
school counselor, or librarian assigned to the school during all
instructional hours.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.097 to read as follows:
Sec. 25.097. PARENTAL NOTIFICATION CONCERNING NURSES,
SCHOOL COUNSELORS, AND LIBRARIANS. (a) In this section:
(1) "Librarian" means a person certified as a
librarian under Subchapter B, Chapter 21.
(2) "Nurse" means a person licensed under Chapter 301,
Occupations Code.
(3) "School counselor" means a person certified as a
school counselor under Subchapter B, Chapter 21.
(b) Except as otherwise provided by Subsection (i), a public
school, including an open-enrollment charter school, that does not
have a full-time nurse, school counselor, or librarian or the
equivalent of a full-time nurse, school counselor, or librarian
assigned to be present at the school for more than 30 consecutive
instructional days during the same school year shall provide
written notice of the absence to the parent of or other person
standing in parental relation to each student enrolled in the
school.
(c) A school has the equivalent of a full-time nurse under
Subsection (b) if the school has two or more nurses assigned to the
school and all regular student instructional hours at the campus
during the regular school day are covered by the assignment of at
least one nurse.
(d) A school has the equivalent of a full-time school
counselor under Subsection (b) if the school has two or more school
counselors assigned to the school and all regular student
instructional hours at the campus during the regular school day are
covered by the assignment of at least one school counselor.
(e) A school has the equivalent of a full-time librarian
under Subsection (b) if the school has two or more librarians
assigned to the school and all regular student instructional hours
at the campus during the regular school day are covered by the
assignment of at least one librarian.
(f) The principal of the school shall provide the notice
required by Subsection (b) not later than the 30th instructional
day after the first day the school does not have a full-time nurse,
school counselor, or librarian assigned to be present at the
school.
(g) The school shall:
(1) make a good faith effort to ensure that the notice
required by this section is provided in a bilingual form to any
parent or other person standing in parental relation whose primary
language is not English; and
(2) retain a copy of any notice provided under this
section.
(h) A school may satisfy the notice requirement under
Subsection (f) by posting the notice on the school's Internet
website. Notice posted under this subsection must be accessible
from the home page of the Internet website by use of not more than
three links.
(i) This section does not apply to a school district or
open-enrollment charter school with a student enrollment of less
than 10,000 students.
SECTION 2. This Act applies beginning with the 2017-2018
school year.
SECTION 3. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 196 passed the Senate on
May 2, 2017, by the following vote: Yeas 19, Nays 12; and that the
Senate concurred in House amendment on May 26, 2017, by the
following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 196 passed the House, with
amendment, on May 24, 2017, by the following vote: Yeas 80,
Nays 63, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor