By: Menéndez S.B. No. 2055 A BILL TO BE ENTITLED AN ACT relating to funding for comprehensive school counseling programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.002, Education Code, is amended by amending Subsections (a) and (c) and adding Subsections (a-1) and (a-2) to read as follows: (a) From funds appropriated for the purpose or other funds that may be used for the purpose, the commissioner shall distribute funds for programs under this subchapter. In distributing those funds, the commissioner shall give preference in the following order: (1) to a school district that received funds under this subsection for the preceding school year; and (2) [then] to the districts that have the highest concentration of students at risk of dropping out of school, as described by Section 29.081, and either: (A) receive federal funding under Title I, Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.); or (B) are wholly or partly located in a federally designated mental health care health professional shortage area. (a-1) To receive funds for the program under Subsection (a), a school district must apply to the commissioner. For each school year that a school district receives funds under Subsection (a) [this subsection], the district shall allocate an amount of local matching funds for comprehensive school [guidance and] counseling programs that is equal to or greater than the sum of: (1) the amount of funds that the district receives under that subsection; and (2) the amount of local funds other than matching funds required under this subsection that the [school] district allocated for that purpose during the preceding school year. (a-2) This section applies only to a school district that receives funds as provided by Subsection (a) [this subsection]. (c) A school district with fewer than 500 enrolled students [enrolled in elementary school grades] shall provide comprehensive school [guidance and] counseling services to those [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 2. Section 33.004(b), Education Code, is amended to read as follows: (b) Each school, before implementing a comprehensive school [and developmental guidance and] counseling program under Section 33.005, shall annually conduct a preview of the program for parents and guardians. All materials, including curriculum to be used during the year, must be available for a parent or guardian to preview during school hours. Materials or curriculum not included in the materials available on the campus for preview may not be used. SECTION 3. Section 33.005, Education Code, is amended to read as follows: Sec. 33.005. COMPREHENSIVE SCHOOL [DEVELOPMENTAL GUIDANCE AND] COUNSELING PROGRAMS. (a) A school counselor shall work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school [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 4. Section 42.152, Education Code, is amended by adding Subsection (e) to read as follows: (e) From the total amount of funds appropriated for allotments under this section, the commissioner shall, each fiscal year, withhold $7.5 million or a greater amount as specified in the General Appropriations Act, and distribute that amount to school districts for programs under Subchapter A, Chapter 33, in the manner provided by Section 33.002. After deducting the amount withheld under this subsection from the total amount appropriated for allotments under this section, the commissioner shall reduce each district's allotment proportionately and allocate funds to each district accordingly. SECTION 5. This Act takes effect September 1, 2020.