By: Lopez of Cameron H.B. No. 155
A BILL TO BE ENTITLED
AN ACT
relating to the employment of certified school counselors by school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.002, Education Code, is amended to
read as follows:
Sec. 33.002. [CERTIFIED] SCHOOL COUNSELOR TO STUDENT RATIO;
DISTRIBUTION OF FUNDS FOR COUNSELING PROGRAMS. (a) In this
section, "school counselor" means a school counselor certified
under Subchapter B, Chapter 21.
(a-1) From funds appropriated for the purpose or other funds
that may be used for the purpose, the commissioner shall distribute
funds for programs under this subchapter. In distributing those
funds, the commissioner shall give preference to [a school district
that received funds under this subsection for the preceding school
year and then to] the districts that have the highest concentration
of students at risk of dropping out of school, as described by
Section 29.081. To receive funds for the program, a school district
must apply to the commissioner. For each school year that a school
district receives funds under this subsection, the district shall
allocate an amount of local funds for school guidance and
counseling programs that is equal to or greater than the amount of
local funds that the school district allocated for that purpose
during the preceding school year. Funds distributed under this
subsection are in addition to any other funds available for
programs under this subchapter, including funds provided under
Section 48.2641 [This section applies only to a school district
that receives funds as provided by this subsection].
(b) Beginning with the 2031-2032 school year, a [A] school
district with 300 [500] or more students in enrollment [enrolled in
elementary school grades] shall employ a school counselor
[certified under the rules of the State Board for Educator
Certification] for each [elementary] school in the district. A
school district shall employ at least one school counselor for
every 300 [500 elementary school] students in the district.
(b-1) Beginning with the 2029-2030 school year, a school
district with 350 or more students in enrollment shall employ a
school counselor for each school in the district. A school district
shall employ at least one school counselor for every 350 students in
the district. This subsection expires September 1, 2031.
(b-2) Beginning with the 2027-2028 school year, a school
district with 400 or more students in enrollment shall employ a
school counselor for each school in the district. A school district
shall employ at least one school counselor for every 400 students in
the district. This subsection expires September 1, 2029.
(b-3) Beginning with the 2025-2026 school year, a school
district with 450 or more students in enrollment shall employ a
school counselor for each school in the district. A school district
shall employ at least one school counselor for every 450 students in
the district. This subsection expires September 1, 2027.
(b-4) A school district with 500 or more students in
enrollment shall employ a school counselor for each school in the
district. A school district shall employ at least one school
counselor for every 500 students in the district. This subsection
expires September 1, 2025.
(c) Beginning with the 2031-2032 school year, a [A] school
district with fewer than 300 [500] students in enrollment [enrolled
in elementary school grades] shall provide guidance and counseling
services to [elementary school] students by:
(1) employing a part-time school counselor [certified
under the rules of the State Board for Educator Certification];
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21 [the rules of the
State Board for Educator Certification]; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor [certified under the rules of the State Board for
Educator Certification].
(c-1) Beginning with the 2029-2030 school year, a school
district with fewer than 350 students in enrollment shall provide
guidance and counseling services to students by:
(1) employing a part-time school counselor;
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor.
(c-2) Subsection (c-1) and this subsection expire September
1, 2031.
(c-3) Beginning with the 2027-2028 school year, a school
district with fewer than 400 students in enrollment shall provide
guidance and counseling services to students by:
(1) employing a part-time school counselor;
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor.
(c-4) Subsection (c-3) and this subsection expire September
1, 2029.
(c-5) Beginning with the 2025-2026 school year, a school
district with fewer than 450 students in enrollment shall provide
guidance and counseling services to students by:
(1) employing a part-time school counselor;
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor.
(c-6) Subsection (c-5) and this subsection expire September
1, 2027.
(c-7) A school district with fewer than 500 students in
enrollment shall provide guidance and counseling services to
students by:
(1) employing a part-time school counselor;
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor.
(c-8) Subsection (c-7) and this subsection expire September
1, 2025.
SECTION 2. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.2641 to read as follows:
Sec. 48.2641. ADDITIONAL STATE AID FOR CERTIFIED SCHOOL
COUNSELORS. (a) For each school year, from funds that may be used
for the purpose, a school district is entitled to state aid in an
amount, as determined by the commissioner, sufficient to assist the
district in employing the number of certified school counselors
required by Section 33.002.
(b) The commissioner shall adopt rules as necessary to
administer this section.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.