By: Longoria H.B. No. 1528
73R3849 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to counseling for parents of certain public school
1-3 students who are at risk of dropping out of school; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-7 amended by adding Section 21.938 to read as follows:
1-8 Sec. 21.938. COUNSELING FOR PARENT OF AT-RISK STUDENT. (a)
1-9 Each teacher in prekindergarten through grade three shall:
1-10 (1) identify each student in the teacher's class who
1-11 is a student at risk of dropping out of school; and
1-12 (2) inform the person designated by the board of
1-13 trustees under Subsection (b) of this section of the teacher's
1-14 determination under Subdivision (1) of this subsection.
1-15 (b) The board of trustees of each school district shall
1-16 designate one or more persons to perform the duties imposed by this
1-17 section. A person designated by the board must be a counselor or
1-18 social worker.
1-19 (c) A person who is notified of a student at risk of
1-20 dropping out of school under Subsection (a) of this section shall
1-21 investigate the student's home environment.
1-22 (d) If the investigation indicates that the risk that the
1-23 student will drop out of school is attributable to the student's
1-24 home environment, the person conducting the investigation shall
2-1 notify the superintendent of schools. The superintendent in
2-2 writing shall issue an order instructing the student's parent or
2-3 parents to attend a counseling program designed to assist the
2-4 parent in improving the student's home environment. The order must
2-5 direct the parent or parents to one or more identified counseling
2-6 programs that are provided by or in cooperation with a private or
2-7 public entity, including the Texas Department of Human Services,
2-8 the Texas Commission on Alcohol and Drug Abuse, or the Texas
2-9 Employment Commission.
2-10 (e) A parent who is aggrieved by an action of a
2-11 superintendent under this section may appeal the action to the
2-12 board of trustees. An appeal must be filed not later than the 30th
2-13 day after the date the parent receives the notice under Subsection
2-14 (d) of this section. A parent who is aggrieved by an action of the
2-15 board of trustees under this section may appeal the action to the
2-16 commissioner of education as provided by Section 11.13 of this
2-17 code.
2-18 (f) A parent who knowingly refuses to attend counseling
2-19 under this section in accordance with a final order under
2-20 Subsection (d) of this section commits an offense. An offense
2-21 under this subsection is a misdemeanor punishable by a fine of:
2-22 (1) not more than $25 for the first offense;
2-23 (2) not less than $10 or more than $50 for a second
2-24 offense; or
2-25 (3) not less than $25 or more than $100 for a third or
2-26 subsequent offense.
2-27 (g) In this section:
3-1 (1) A risk that a student will drop out of school is
3-2 "attributable" to the student's home environment if:
3-3 (A) the student is or may be sexually,
3-4 physically, or psychologically abused at home;
3-5 (B) the student's parent lacks basic parenting
3-6 skills; or
3-7 (C) other facts exist that indicate the
3-8 student's home environment is not conducive to scholastic success.
3-9 (2) "Parent" includes a person standing in parental
3-10 relation.
3-11 (3) "Student at risk of dropping out of school" has
3-12 the meaning assigned by Section 21.557(f)(2) of this code.
3-13 SECTION 2. This Act takes effect September 1, 1993.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.