Texas 2019 - 86th Regular

Texas House Bill HB2074 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R19465 SOS-D
2		-	By: Wu, Talarico H.B. No. 2074
3		-	Substitute the following for H.B. No. 2074:
4		-	By: Allen C.S.H.B. No. 2074
	1	+	86R9010 SOS-D
	2	+	By: Wu H.B. No. 2074
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the duties of a public school counselor regarding
10		-	student discipline.
	7	+	relating to prohibiting a public school counselor from being
	8	+	required to act in a disciplinary capacity in certain
	9	+	circumstances.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 33.006, Education Code, is amended by
13		-	amending Subsection (b) and adding Subsection (d) to read as
14		-	follows:
15		-	(b) In addition to a school counselor's responsibility
16		-	under Subsection (a), the school counselor shall:
17		-	(1) participate in planning, implementing, and
18		-	evaluating a comprehensive developmental guidance program to serve
19		-	all students and to address the special needs of students:
20		-	(A) who are at risk of dropping out of school,
21		-	becoming substance abusers, participating in gang activity, or
22		-	committing suicide;
23		-	(B) who are in need of modified instructional
24		-	strategies; or
25		-	(C) who are gifted and talented, with emphasis on
26		-	identifying and serving gifted and talented students who are
27		-	educationally disadvantaged;
28		-	(2) consult with a student's parent or guardian and
29		-	make referrals as appropriate in consultation with the student's
30		-	parent or guardian;
31		-	(3) consult with school staff, parents, and other
32		-	community members to help them increase the effectiveness of
33		-	student education and promote student success;
34		-	(4) coordinate people and resources in the school,
35		-	home, and community;
36		-	(5) with the assistance of school staff, interpret
37		-	standardized test results and other assessment data that help a
38		-	student make educational and career plans;
39		-	(6) deliver classroom guidance activities or serve as
40		-	a consultant to teachers conducting lessons based on the school's
41		-	guidance curriculum; [and]
42		-	(7) serve as an impartial, nonreporting resource for
43		-	interpersonal conflicts and discord involving two or more students,
44		-	including accusations of bullying under Section 37.0832;
45		-	(8) serve on a placement review committee under
46		-	Section 37.003;
47		-	(9) assist with a student placed into a disciplinary
48		-	alternative education program as provided by Section 37.008; and
49		-	(10) serve on a committee to review a student's
50		-	placement in an alternative education program under Section 37.306.
	12	+	adding Subsection (d) to read as follows:
51	13		(d) A school counselor may not be required to assume a
52	14		disciplinary role at a school, or to otherwise be assigned a duty
53	15		involving student discipline that is inconsistent with the
54	16		counselor's primary responsibility under Subsection (a) and
55	17		additional responsibilities under this section. This subsection
56		-	does not prohibit a school counselor from serving on:
57		-	(1) a placement review committee under Section 37.003;
58		-	or
59		-	(2) a committee to review a student's placement in an
60		-	alternative education program under Section 37.306.
61		-	SECTION 2. Section 37.008, Education Code, is amended by
62		-	amending Subsection (a) and adding Subsection (a-2) to read as
63		-	follows:
64		-	(a) Each school district shall provide a disciplinary
65		-	alternative education program that:
66		-	(1) is provided in a setting other than a student's
67		-	regular classroom;
68		-	(2) is located on or off of a regular school campus;
69		-	(3) provides for the students who are assigned to the
70		-	disciplinary alternative education program to be separated from
71		-	students who are not assigned to the program;
72		-	(4) focuses on English language arts, mathematics,
73		-	science, history, and self-discipline;
74		-	(5) provides for students' educational and behavioral
75		-	needs;
76		-	(6) provides supervision and counseling from a school
77		-	counselor employed by the district; and
78		-	(7) employs only teachers who meet all certification
79		-	requirements established under Subchapter B, Chapter 21.
80		-	(a-2) The minimum standards adopted by the agency under
81		-	Subsection (a-1) must require a school district to consult with the
82		-	district's school counselor in developing a plan for a student's
83		-	transition from a disciplinary alternative education program to a
84		-	regular campus.
85		-	SECTION 3. This Act applies beginning with the 2019-2020
86		-	school year.
87		-	SECTION 4. This Act takes effect immediately if it receives
	18	+	does not prohibit a school counselor from serving on a committee to
	19	+	review a student's placement in an alternative education program
	20	+	under Section 37.306.
	21	+	SECTION 2. This Act takes effect immediately if it receives
88	22		a vote of two-thirds of all the members elected to each house, as
89	23		provided by Section 39, Article III, Texas Constitution. If this
90	24		Act does not receive the vote necessary for immediate effect, this
91	25		Act takes effect September 1, 2019.