87R637 MEW-F
By: González of El Paso H.B. No. 589
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), (e), (f), and (g) to read as follows:
(d) Except as provided by Subsection (e), the board of
trustees of each school district shall adopt a policy that requires
a school counselor to spend at least 80 percent of the school
counselor's total work time 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) If the board of trustees of a school district determines
that, because of staffing needs in the district or at a school in
the district, a school counselor must spend less than 80 percent of
the school counselor's total work time on duties that are
components of a counseling program developed under Section 33.005,
the policy adopted under Subsection (d) shall:
(1) include the reasons why the counselor needs to
spend less than 80 percent of the counselor's work time on duties
that are components of the counseling program;
(2) list the duties the counselor is expected to
perform that are not components of the counseling program; and
(3) set the percentage of work time that the counselor
is required to spend on components of the counseling program.
(f) 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, except as
provided by Subsection (g), 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.
(g) A school district to which Subsection (e) applies may
not include a provision in an employment contract under Chapter 21
with an affected school counselor that has the effect of requiring
the counselor to generally perform a duty that is not primarily
related to a counseling function unless the duty is specified in the
district's policy under Subsection (e)(2).
SECTION 2. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l),
22.096, 28.006, 29.001(5), 29.010(a), 38.003, 39.056(d-1), or
39.057, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district,
campus, program, or school granted charters under Chapter 12,
including the process described by Subchapter F, Chapter 11, or a
program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
or Subchapter A, Chapter 37, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 3. Section 39.056, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) Before a monitoring review, the commissioner shall
request that the school district scheduled for the review assess
the district's compliance with the policy adopted under Section
33.006(d) and provide a written copy of the assessment to the agency
on or before the date specified by the commissioner. As part of each
monitoring review, the agency shall interview a percentage of
district school counselors determined by the commissioner to assess
the district's compliance with the policy adopted under Section
33.006(d). The commissioner shall adopt rules to implement this
subsection.
SECTION 4. (a) Each school district shall implement a
policy adopted under Section 33.006(d), Education Code, as added by
this Act, beginning with the 2021-2022 school year.
(b) Sections 33.006(f) and (g), Education Code, as added by
this Act, apply 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.
(c) Section 7.028(a), Education Code, as amended by this
Act, and Section 39.056(d-1), Education Code, as added by this Act,
apply beginning with the 2021-2022 school year.
SECTION 5. 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, 2021.