88R9080 ANG-D
By: Martinez H.B. No. 3898
A BILL TO BE ENTITLED
AN ACT
relating to establishing a pilot program to employ a life skills
counselor and establish a life skills circle to assess certain
student behavior at public high school campuses in certain
counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Education Code, is
amended by adding Section 33.010 to read as follows:
Sec. 33.010. LIFE SKILLS COUNSELOR PILOT PROGRAM. (a) In
this section:
(1) "Crime of violence" has the meaning assigned by
Article 59.01, Code of Criminal Procedure.
(2) "Pilot program" means the life skills counselor
pilot program established under this section.
(b) This section applies only to a county that:
(1) is adjacent to:
(A) at least two counties that border the Gulf of
Mexico; and
(B) at least two counties that are located on the
international border; and
(2) is located within 50 miles of a county described by
Subdivision (1).
(c) The commissioner shall establish a life skills
counselor pilot program at each high school campus located in a
county subject to this section as a strategy for addressing
emotional and mental health concerns of students.
(d) A school district located in a county subject to this
section shall employ for each district high school campus located
in the county a school counselor certified under Subchapter B,
Chapter 21, to serve as a life skills counselor under the pilot
program.
(e) A life skills counselor employed to serve at a high
school campus under this section shall:
(1) collaborate with school district administrators,
school counselors, social workers, other appropriately
credentialed mental health professionals, and local law
enforcement agencies to address mental health concerns affecting
students at the high school campus;
(2) provide instruction to students enrolled at the
high school campus relating to skills and techniques to cope with
anxiety, frustration, and other emotions;
(3) counsel any students enrolled at the high school
campus who have committed a crime of violence or are identified as
having a mental health condition;
(4) establish a voluntary counseling program for
students enrolled at the high school campus; and
(5) establish a life skills circle described by
Subsection (f) to assess certain student behavior and make a
recommendation regarding the appropriate disciplinary action a
school should take in response to that student behavior.
(f) A life skills counselor shall establish a life skills
circle to assess a student's behavior if an incident involving the
student occurs that:
(1) violates school policy;
(2) requires the involvement of law enforcement; and
(3) involves violence or drugs.
(g) A life skills circle established under Subsection (f)
must include the life skills counselor and students enrolled at the
high school campus.
(h) During a life skills circle, the life skills counselor
shall facilitate open discussion between participating students
regarding the relevant incident, including allowing students to ask
questions, speak to witnesses, and review evidence.
(i) Based on discussion during a life skills circle, the
life skills counselor and participating students shall make a
recommendation regarding the appropriate disciplinary action the
school should take against the student whose behavior is being
assessed and submit the recommendation to the school administrator
designated by the school district.
(j) A recommendation under Subsection (i) may include:
(1) restricting the student's participation in certain
extracurricular activities;
(2) requiring the student to perform community
service; or
(3) a combination of the actions described by
Subdivisions (1) and (2).
(k) If the life skills counselor and participating students
find that the student did not violate school policy, the counselor
and students shall submit a letter to the designated school
administrator stating the finding.
(l) The school district shall consider the life skills
circle's recommendation when determining the disciplinary action
to take against the student.
(m) A school district located in a county subject to this
section may solicit and accept a gift, grant, or donation from any
source, including a foundation, private entity, governmental
entity, or institution of higher education to implement or
administer the pilot program.
(n) Not later than January 1, 2029, the commissioner shall
review the pilot program established under this section and submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the presiding officer of each legislative
standing committee with primary jurisdiction over primary and
secondary education a written report regarding the progress made by
the pilot program in addressing emotional and mental health
concerns of students.
(o) The commissioner shall adopt rules necessary to
administer the pilot program.
(p) This section expires September 1, 2029.
SECTION 2. (a) Not later than December 1, 2023, the
commissioner of education shall adopt rules necessary to implement
and administer the life skills counselor pilot program established
under Section 33.010, Education Code, as added by this Act.
(b) The life skills counselor pilot program established
under Section 33.010, Education Code, as added by this Act, shall be
implemented in each public high school located in a county subject
to that section beginning with the 2024-2025 school year.
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, 2023.