By Longoria H.B. No. 412 74R2722 KKA-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 21.940 to read as follows: 1-8 Sec. 21.940. 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 the teacher's determination under 1-14 Subdivision (1). 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) shall investigate the 1-21 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). A parent who is aggrieved by an action of the board of 2-15 trustees under this section may appeal the action to the 2-16 commissioner of education as provided by Section 11.13. 2-17 (f) A parent who knowingly refuses to attend counseling 2-18 under this section in accordance with a final order under 2-19 Subsection (d) commits an offense. An offense under this 2-20 subsection is a misdemeanor punishable by a fine of: 2-21 (1) not more than $25 for the first offense; 2-22 (2) not less than $10 or more than $50 for a second 2-23 offense; or 2-24 (3) not less than $25 or more than $100 for a third or 2-25 subsequent offense. 2-26 (g) In this section: 2-27 (1) A risk that a student will drop out of school is 3-1 "attributable" to the student's home environment if: 3-2 (A) the student is or may be sexually, 3-3 physically, or psychologically abused at home; 3-4 (B) the student's parent lacks basic parenting 3-5 skills; or 3-6 (C) other facts exist that indicate the 3-7 student's home environment is not conducive to scholastic success. 3-8 (2) "Parent" includes a person standing in parental 3-9 relation. 3-10 (3) "Student at risk of dropping out of school" has 3-11 the meaning assigned by Section 21.557(f)(2). 3-12 SECTION 2. This Act takes effect September 1, 1995. 3-13 SECTION 3. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.