Texas 2019 - 86th Regular

Texas Senate Bill SB426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lucio S.B. No. 426
2		-	(González of El Paso, Wu)
3		-	Substitute the following for S.B. No. 426: No.
4	2
5	3
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8	6		relating to the use of public school counselors' work time.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 33.006, Education Code, is amended by
11		-	adding Subsections (d) and (e) to read as follows:
12		-	(d) The board of trustees of each school district shall
13		-	adopt a policy that specifies a percentage of a school counselor's
14		-	total work time that the school counselor is required to spend on
15		-	duties that are components of a counseling program developed under
16		-	Section 33.005. For purposes of this subsection, time spent in
17		-	administering assessment instruments or providing other assistance
18		-	in connection with assessment instruments, except time spent in
19		-	interpreting data from assessment instruments, is not considered
20		-	time spent on counseling. Each school in the district shall
21		-	implement the policy. A copy of the policy shall be maintained in
22		-	the office of each school in the district and made available on
23		-	request during regular school hours to district employees, parents
24		-	of district students, and the public.
25		-	(e) A school district may not include a provision in an
	9	+	adding Subsections (d), (e), (f), and (g) to read as follows:
	10	+	(d) Except as provided by Subsection (e), the board of
	11	+	trustees of each school district shall adopt a policy that requires
	12	+	a school counselor to spend at least 80 percent of the school
	13	+	counselor's total work time on duties that are components of a
	14	+	counseling program developed under Section 33.005. For purposes of
	15	+	this subsection, time spent in administering assessment
	16	+	instruments or providing other assistance in connection with
	17	+	assessment instruments, except time spent in interpreting data from
	18	+	assessment instruments, is not considered time spent on counseling.
	19	+	Each school in the district shall implement the policy. A copy of
	20	+	the policy shall be maintained in the office of each school in the
	21	+	district and made available on request during regular school hours
	22	+	to district employees, parents of district students, and the
	23	+	public.
	24	+	(e) If the board of trustees of a school district determines
	25	+	that, because of staffing needs in the district or at a school in
	26	+	the district, a school counselor must spend less than 80 percent of
	27	+	the school counselor's total work time on duties that are
	28	+	components of a counseling program developed under Section 33.005,
	29	+	the policy adopted under Subsection (d) shall:
	30	+	(1) include the reasons why the counselor needs to
	31	+	spend less than 80 percent of the counselor's work time on duties
	32	+	that are components of the counseling program;
	33	+	(2) list the duties the counselor is expected to
	34	+	perform that are not components of the counseling program; and
	35	+	(3) set the percentage of work time that the counselor
	36	+	is required to spend on components of the counseling program.
	37	+	(f) A school district may not include a provision in an
26	38		employment contract with a school counselor under Chapter 21 that
27		-	conflicts with the policy required by Subsection (d) or has the
28		-	effect of authorizing a school principal or school district
29		-	superintendent to require a school counselor to generally perform
30		-	duties that are not primarily related to a counseling function.
31		-	SECTION 2. (a) Each school district shall implement a
	39	+	conflicts with the policy required by Subsection (d) or, except as
	40	+	provided by Subsection (g), has the effect of authorizing a school
	41	+	principal or school district superintendent to require a school
	42	+	counselor to generally perform duties that are not primarily
	43	+	related to a counseling function.
	44	+	(g) A school district to which Subsection (e) applies may
	45	+	not include a provision in an employment contract under Chapter 21
	46	+	with an affected school counselor that has the effect of requiring
	47	+	the counselor to generally perform a duty that is not primarily
	48	+	related to a counseling function unless the duty is specified in the
	49	+	district's policy under Subsection (e)(2).
	50	+	SECTION 2. Section 7.028(a), Education Code, is amended to
	51	+	read as follows:
	52	+	(a) Except as provided by Section 29.001(5), 29.010(a),
	53	+	39.056(d-1), or 39.057, the agency may monitor compliance with
	54	+	requirements applicable to a process or program provided by a
	55	+	school district, campus, program, or school granted charters under
	56	+	Chapter 12, including the process described by Subchapter F,
	57	+	Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
	58	+	I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the
	59	+	use of funds provided for such a program under Subchapter C, Chapter
	60	+	42, only as necessary to ensure:
	61	+	(1) compliance with federal law and regulations;
	62	+	(2) financial accountability, including compliance
	63	+	with grant requirements; and
	64	+	(3) data integrity for purposes of:
	65	+	(A) the Public Education Information Management
	66	+	System (PEIMS); and
	67	+	(B) accountability under Chapters 39 and 39A.
	68	+	SECTION 3. Section 39.056, Education Code, is amended by
	69	+	adding Subsection (d-1) to read as follows:
	70	+	(d-1) Before a monitoring review, the commissioner shall
	71	+	request that the school district scheduled for the review assess
	72	+	the district's compliance with the policy adopted under Section
	73	+	33.006(d) and provide a written copy of the assessment to the agency
	74	+	on or before the date specified by the commissioner. As part of
	75	+	each monitoring review, the agency shall interview a percentage of
	76	+	district school counselors determined by the commissioner to assess
	77	+	the district's compliance with the policy adopted under Section
	78	+	33.006(d). The commissioner shall adopt rules to implement this
	79	+	subsection.
	80	+	SECTION 4. (a) Each school district shall implement a
32	81		policy adopted under Section 33.006(d), Education Code, as added by
33	82		this Act, beginning with the 2019-2020 school year.
34		-	(b) Section 33.006(e), Education Code, as added by this Act,
35		-	applies only to a contract executed on or after the effective date
36		-	of this Act. A contract executed before the effective date of this
37		-	Act is governed by the law in effect on the date the contract was
38		-	executed, and the former law is continued in effect for that
39		-	purpose.
40		-	SECTION 3. This Act takes effect immediately if it receives
	83	+	(b) Sections 33.006(f) and (g), Education Code, as added by
	84	+	this Act, apply only to a contract executed on or after the
	85	+	effective date of this Act. A contract executed before the
	86	+	effective date of this Act is governed by the law in effect on the
	87	+	date the contract was executed, and the former law is continued in
	88	+	effect for that purpose.
	89	+	(c) Section 7.028(a), Education Code, as amended by this
	90	+	Act, and Section 39.056(d-1), Education Code, as added by this Act,
	91	+	apply beginning with the 2019-2020 school year.
	92	+	SECTION 5. This Act takes effect immediately if it receives
41	93		a vote of two-thirds of all the members elected to each house, as
42	94		provided by Section 39, Article III, Texas Constitution. If this
43	95		Act does not receive the vote necessary for immediate effect, this
44	96		Act takes effect September 1, 2019.