Texas 2021 - 87th Regular

Texas Senate Bill SB179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 179
	1	+	By: Lucio, et al. S.B. No. 179
	2	+	(Huberty, González of El Paso)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the use of public school counselors' work time.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 33.006, Education Code, is amended by
8	10		adding Subsections (d), (e), (f), (g), and (h) to read as follows:
9	11		(d) Except as provided by Subsection (e), the board of
10	12		trustees of each school district shall adopt a policy that requires
11	13		a school counselor to spend at least 80 percent of the school
12	14		counselor's total work time on duties that are components of a
13	15		counseling program developed under Section 33.005. For purposes of
14	16		this subsection, time spent in administering assessment
15	17		instruments or providing other assistance in connection with
16	18		assessment instruments, except time spent in interpreting data from
17	19		assessment instruments, is not considered time spent on counseling.
18	20		Each school in the district shall implement the policy. A copy of
19	21		the policy shall be maintained in the office of each school in the
20	22		district and made available on request during regular school hours
21	23		to district employees, parents of district students, and the
22	24		public.
23	25		(e) If the board of trustees of a school district determines
24	26		that, because of staffing needs in the district or at a school in
25	27		the district, a school counselor must spend less than 80 percent of
26	28		the school counselor's total work time on duties that are
27	29		components of a counseling program developed under Section 33.005,
28	30		the policy adopted under Subsection (d) shall:
29	31		(1) include the reasons why the counselor needs to
30	32		spend less than 80 percent of the counselor's work time on duties
31	33		that are components of the counseling program;
32	34		(2) list the duties the counselor is expected to
33	35		perform that are not components of the counseling program; and
34	36		(3) set the percentage of work time that the counselor
35	37		is required to spend on components of the counseling program.
36	38		(f) A school district may not include a provision in an
37	39		employment contract with a school counselor under Chapter 21 that
38	40		conflicts with the policy required by Subsection (d) or, except as
39	41		provided by Subsection (g), has the effect of authorizing a school
40	42		principal or school district superintendent to require a school
41	43		counselor to generally perform duties that are not primarily
42	44		related to a counseling function.
43	45		(g) A school district to which Subsection (e) applies may
44	46		not include a provision in an employment contract under Chapter 21
45	47		with an affected school counselor that has the effect of requiring
46	48		the counselor to generally perform a duty that is not primarily
47	49		related to a counseling function unless the duty is specified in the
48	50		district's policy under Subsection (e)(2).
49	51		(h) Each school district shall annually assess the
50	52		district's compliance with the policy adopted under Subsection (d)
51	53		and, on request by the commissioner, provide a written copy of the
52	54		assessment to the agency on or before the date specified by the
53	55		commissioner. The commissioner shall adopt rules to implement this
54	56		subsection.
55	57		SECTION 2. Section 7.028(a), Education Code, is amended to
56	58		read as follows:
57	59		(a) Except as provided by Section 21.006(k), 22.093(l),
58	60		22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 38.003, or
59	61		39.057, the agency may monitor compliance with requirements
60	62		applicable to a process or program provided by a school district,
61	63		campus, program, or school granted charters under Chapter 12,
62	64		including the process described by Subchapter F, Chapter 11, or a
63	65		program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
64	66		or Subchapter A, Chapter 37, only as necessary to ensure:
65	67		(1) compliance with federal law and regulations;
66	68		(2) financial accountability, including compliance
67	69		with grant requirements;
68	70		(3) data integrity for purposes of:
69	71		(A) the Public Education Information Management
70	72		System (PEIMS); and
71	73		(B) accountability under Chapters 39 and 39A; and
72	74		(4) qualification for funding under Chapter 48.
73	75		SECTION 3. (a) Each school district shall implement a
74	76		policy adopted under Section 33.006(d), Education Code, as added by
75	77		this Act, beginning with the 2021-2022 school year.
76	78		(b) Sections 33.006(f) and (g), Education Code, as added by
77	79		this Act, apply only to a contract executed on or after the
78	80		effective date of this Act. A contract executed before the
79	81		effective date of this Act is governed by the law in effect on the
80	82		date the contract was executed, and the former law is continued in
81	83		effect for that purpose.
82	84		(c) Section 7.028(a), Education Code, as amended by this
83	85		Act, and Section 33.006(h), Education Code, as added by this Act,
84	86		apply beginning with the 2021-2022 school year.
85	87		SECTION 4. This Act takes effect immediately if it receives
86	88		a vote of two-thirds of all the members elected to each house, as
87	89		provided by Section 39, Article III, Texas Constitution. If this
88	90		Act does not receive the vote necessary for immediate effect, this
89	91		Act takes effect September 1, 2021.
90		-	______________________________ ______________________________
91		-	President of the Senate Speaker of the House
92		-	I hereby certify that S.B. No. 179 passed the Senate on
93		-	April 13, 2021, by the following vote: Yeas 20, Nays 11.
94		-	______________________________
95		-	Secretary of the Senate
96		-	I hereby certify that S.B. No. 179 passed the House on
97		-	May 24, 2021, by the following vote: Yeas 102, Nays 41, one
98		-	present not voting.
99		-	______________________________
100		-	Chief Clerk of the House
101		-	Approved:
102		-	______________________________
103		-	Date
104		-	______________________________
105		-	Governor