By: Berlanga H.B. No. 1370
73R3269 CAE-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a counseling and guidance program to be provided by all
1-3 school districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 21.791-21.793, Education Code, are
1-6 amended to read as follows:
1-7 Sec. 21.791. FINDINGS. (a) The legislature finds that
1-8 students are subject to unprecedented social stress, including
1-9 fragmentation of the family, drug and alcohol abuse, child abuse,
1-10 poverty, violence, and suicide; symptoms of these stresses include
1-11 underachievement, school disinterest, classroom disruption, and
1-12 truancy; early and appropriate intervention can prevent or mitigate
1-13 these conditions, which lead to failure and the loss to society of
1-14 a fully functioning and competent adult. Professionals concerned
1-15 with education recognize that in addition to intellectual
1-16 challenges students must overcome personal, social, organizational,
1-17 and institutional challenges that could place them at risk of
1-18 educational failure. Intervention that addresses these challenges
1-19 is essential. Pupil service teams that include professional
1-20 counselors, psychologists, and school social workers are trained in
1-21 such interventions and in removing barriers to learning. Parents
1-22 and guardians also play a vital role. A comprehensive guidance
1-23 program directed by a professionally trained counselor is a
1-24 critical component of the school's prevention efforts.
2-1 (b) The legislature finds that it is essential to a regular
2-2 education program that a counseling and guidance program be
2-3 provided by each school district and that the program be available
2-4 for all students in pre-kindergarten through 12th grade.
2-5 Sec. 21.792. COUNSELING PROGRAMS. (a) A <This subchapter
2-6 only applies to a> school district shall initiate or expand
2-7 guidance and counseling programs to meet the requirements of this
2-8 subchapter and the rules of the State Board of Education adopted
2-9 under this subchapter <that receives funds as provided by Section
2-10 16.152(j) of this code>.
2-11 (b) The State Board of Education may provide that the
2-12 guidance and counseling program required by this subchapter may be
2-13 gradually implemented by each school district taking into
2-14 consideration the cost to the school district of the program.
2-15 Sec. 21.793. CERTIFIED COUNSELOR. (a) A school district
2-16 with 500 or more students in average daily attendance <enrolled in
2-17 elementary school grades> shall employ a counselor certified under
2-18 the rules of the State Board of Education for each <elementary>
2-19 school in the district. A school district shall employ at least
2-20 one counselor for every 500 <elementary school> students in the
2-21 district.
2-22 (b) A school district with fewer than 500 students in
2-23 average daily attendance <enrolled in elementary school grades>
2-24 shall provide guidance and counseling services to <elementary
2-25 school> students by:
2-26 (1) employing a part-time counselor certified under
2-27 the rules of the State Board of Education;
3-1 (2) employing a part-time teacher certified as a
3-2 counselor under the rules of the State Board of Education; or
3-3 (3) entering into a cooperative agreement with one or
3-4 more school districts to share a counselor certified under the
3-5 rules of the State Board of Education.
3-6 (c) In this section, "average daily attendance" has the
3-7 meaning assigned by Section 16.006 of this code.
3-8 SECTION 2. Section 21.797, Education Code, is amended to
3-9 read as follows:
3-10 Sec. 21.797. FUNDING CONSTRAINTS. (a) The State Board of
3-11 Education may change the number of counselors that a school
3-12 district is required to employ and other requirements of the
3-13 guidance and counseling program if the district's basic allotment
3-14 under Chapter 16 of this code is not sufficient to fund the
3-15 guidance and counseling program.
3-16 (b) The Legislative Education Board and the Legislative
3-17 Budget Board shall determine the total cost to all school districts
3-18 of providing the counselors and the guidance and counseling program
3-19 required by this subchapter not later than September 1 of each
3-20 even-numbered year. The Legislative Education Board shall include
3-21 the cost of the guidance and counseling program in the report to
3-22 the foundation school fund budget committee on the equalized
3-23 funding elements under Section 16.008 of this code <DEFINITION. In
3-24 this subchapter, "elementary school" means a public school in which
3-25 classes are held for kindergarten through fifth grade or
3-26 kindergarten through sixth grade>.
3-27 SECTION 3. Sections 16.152(j), (k), and (l), Education Code,
4-1 are repealed.
4-2 SECTION 4. This Act applies beginning with the 1993-1994
4-3 school year.
4-4 SECTION 5. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force from and after its
4-10 passage, and it is so enacted.