Bill Text: TX HB181 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the use of public school counselors' work time.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-14 - Referred to Public Education [HB181 Detail]
Download: Texas-2017-HB181-Introduced.html
| 85R214 KJE-F | ||
| By: Lucio III | H.B. No. 181 | |
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| 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 (c) and (d) to read as follows: | ||
| (c) In accordance with rules adopted by the commissioner, | ||
| the board of trustees of each school district shall adopt a policy | ||
| that requires a school counselor to spend not more than 10 percent | ||
| of the school counselor's total work time on duties that are not | ||
| components of a counseling or guidance 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 or guidance. 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. | ||
| (d) 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 (c) or 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 or guidance | ||
| function. | ||
| SECTION 2. Section 7.028(a), Education Code, is amended to | ||
| read as follows: | ||
| (a) Except as provided by Section 29.001(5), 29.010(a), | ||
| 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, Subchapter A, Chapter 37, or Section 38.003, and the | ||
| use of funds provided for such a program under Subchapter C, Chapter | ||
| 42, only as necessary to ensure: | ||
| (1) compliance with federal law and regulations; | ||
| (2) financial accountability, including compliance | ||
| with grant requirements; and | ||
| (3) data integrity for purposes of: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS); and | ||
| (B) accountability under Chapter 39. | ||
| 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(c) 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(c). The commissioner shall adopt rules to implement this | ||
| subsection. | ||
| SECTION 4. (a) Each school district shall implement a | ||
| policy adopted under Section 33.006(c), Education Code, as added by | ||
| this Act, beginning with the 2017-2018 school year. | ||
| (b) Section 33.006(d), Education Code, as added by this Act, | ||
| applies 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 2017-2018 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, 2017. | ||
