By: Lucio S.B. No. 426
(González of El Paso, Wu)
Substitute the following for S.B. No. 426: No.
A BILL TO BE ENTITLED
AN ACT
relating to the use of public school counselors' work time.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.006, Education Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) The board of trustees of each school district shall
adopt a policy that specifies a percentage of a school counselor's
total work time that the school counselor is required to spend on
duties that are components of a counseling program developed under
Section 33.005. For purposes of this subsection, time spent in
administering assessment instruments or providing other assistance
in connection with assessment instruments, except time spent in
interpreting data from assessment instruments, is not considered
time spent on counseling. Each school in the district shall
implement the policy. A copy of the policy shall be maintained in
the office of each school in the district and made available on
request during regular school hours to district employees, parents
of district students, and the public.
(e) A school district may not include a provision in an
employment contract with a school counselor under Chapter 21 that
conflicts with the policy required by Subsection (d) or has the
effect of authorizing a school principal or school district
superintendent to require a school counselor to generally perform
duties that are not primarily related to a counseling function.
SECTION 2. (a) Each school district shall implement a
policy adopted under Section 33.006(d), Education Code, as added by
this Act, beginning with the 2019-2020 school year.
(b) Section 33.006(e), Education Code, as added by this Act,
applies only to a contract executed on or after the effective date
of this Act. A contract executed before the effective date of this
Act is governed by the law in effect on the date the contract was
executed, and the former law is continued in effect for that
purpose.
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, 2019.