By Dear                                               H.B. No. 1857
       74R6518 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to guidance and counseling programs in public schools.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter V, Chapter 21, Education Code, is
    1-5  amended by amending Sections 21.792, 21.794, and 21.795 and adding
    1-6  Section 21.798 to read as follows:
    1-7        Sec. 21.792.  Counseling Programs.  (a)  Except as provided
    1-8  by Subsection (b) of this section, this <This> subchapter <only>
    1-9  applies only to a school district that receives funds as provided
   1-10  by Section 16.152(k) <Section 16.152(j)> of this code.
   1-11        (b)  Section 21.798 applies to each school district.
   1-12        Sec. 21.794.  PARENTAL INVOLVEMENT <GENERAL DUTIES>.  (a)  <A
   1-13  person employed as required by Section 21.793 of this code shall:>
   1-14              <(1)  assist in the identification of students with
   1-15  special needs, including students who are at risk of dropping out
   1-16  of school, of substance abuse, or of committing suicide or who are
   1-17  in need of modified instructional strategies;>
   1-18              <(2)  counsel students, individually or in small
   1-19  groups, in relation to educational, career, personal, and social
   1-20  needs and make referrals when appropriate in consultation with the
   1-21  student's parent or guardian;>
   1-22              <(3)  provide professional expertise to school faculty,
   1-23  staff, and administrators and parents and other community members
   1-24  that will help them increase the effectiveness of the students'
    2-1  education;>
    2-2              <(4)  coordinate people and resources in the school,
    2-3  home, and community to fully develop the students' academic,
    2-4  career, personal, and social abilities;>
    2-5              <(5)  with the assistance of the school staff, develop
    2-6  and interpret an assessment program that helps students, parents,
    2-7  and teachers identify a student's abilities, aptitudes, achievement
    2-8  level, and interests and that provides information about programs
    2-9  that may help the student achieve the student's goals;>
   2-10              <(6)  participate in the planning, implementation, and
   2-11  evaluation of the local comprehensive and developmental guidance
   2-12  and counseling program.>
   2-13        <(b)>  Each school may obtain, and keep as part of the
   2-14  student's permanent record, written consent by the parent or legal
   2-15  guardian for the student to participate in a counseling program or
   2-16  activity.  The consent form shall include specific information on
   2-17  the content of the program and the types of activities in which the
   2-18  student will be involved.
   2-19        (b) <(c)>  Each school, before implementing a comprehensive
   2-20  and developmental guidance and counseling program, shall annually
   2-21  conduct a parent's preview of the program.  All materials,
   2-22  including curriculum to be used during the year, shall be available
   2-23  on the campus for any parent to preview during school hours.   No
   2-24  materials or curriculum may be used that is not included in the
   2-25  materials available on the campus for preview by the parents.
   2-26        Sec. 21.795.  Developmental Guidance and Counseling Programs.
   2-27  <(a)>  A person employed as required by Section 21.793 of this code
    3-1  shall work with the school faculty and staff, students, parents,
    3-2  and the community to plan, implement, and evaluate a developmental
    3-3  <program of> guidance and counseling program <services>.  The
    3-4  counselor shall design the program to include:
    3-5              (1)  a guidance curriculum to help students develop
    3-6  their full educational potential;
    3-7              (2)  a responsive services component to intervene in
    3-8  behalf of any student whose immediate personal concerns or problems
    3-9  put the student's continued educational, career, personal, or
   3-10  social development at risk;
   3-11              (3)  an individual planning system to guide a student
   3-12  as the student plans, monitors, and manages the student's own
   3-13  educational, career, personal, and social development; and
   3-14              (4)  system support to support the efforts of teachers,
   3-15  staff, parents, and other members of the community in promoting the
   3-16  educational, career, personal, and social development of students
   3-17  <provide appropriate counseling and guidance for the changing
   3-18  social, emotional, psychological, and academic needs of students;>
   3-19              <(2)  provide direct services to students to help them
   3-20  cope with family, social, and academic problems; and>
   3-21              <(3)  support the efforts of teachers and parents in
   3-22  promoting the students' self-esteem, academic readiness, social and
   3-23  interpersonal sensitivity and skills, and awareness of future
   3-24  academic and career opportunities.>
   3-25        <(b)  In the developmental guidance program, the counselor
   3-26  shall:>
   3-27              <(1)  in consultation with teachers, plan and implement
    4-1  guidance activities and incorporate developmental concepts in
    4-2  instructional plans;>
    4-3              <(2)  provide counseling to parents about child growth
    4-4  and development, family communication skills, and the parental role
    4-5  in encouraging learning; and>
    4-6              <(3)  cooperate with school faculty and staff in the
    4-7  early identification, remediation, and referral of children with
    4-8  developmental problems>.
    4-9        Sec. 21.798.  COUNSELORS.  (a)  The primary responsibility of
   4-10  a school counselor is to counsel students to  fully develop each
   4-11  student's academic, career, personal, and social abilities.
   4-12        (b)  In addition to a school counselor's responsibility under
   4-13  Subsection (a), the counselor shall:
   4-14              (1)  participate in planning, implementing, and
   4-15  evaluating a comprehensive developmental guidance program to serve
   4-16  all students and to address the special needs of students who are:
   4-17                    (A)  at risk of dropping out of school, becoming
   4-18  substance abusers, participating in gang activity, or committing
   4-19  suicide; or
   4-20                    (B)  in need of modified instructional
   4-21  strategies;
   4-22              (2)  consult with a student's parent or guardian and
   4-23  make referrals as appropriate in consultation with the student's
   4-24  parent or guardian;
   4-25              (3)  consult with school staff, parents, and other
   4-26  community members to help them increase the effectiveness of
   4-27  student education and promote student success;
    5-1              (4)  coordinate people and resources in the school,
    5-2  home, and community;
    5-3              (5)  with the assistance of school staff, interpret
    5-4  standardized test results and other assessment data that help a
    5-5  student make educational and career plans; and
    5-6              (6)  deliver classroom guidance activities or serve as
    5-7  a consultant to teachers conducting lessons based on the school's
    5-8  guidance curriculum.
    5-9        (c)  The Central Education Agency shall develop and
   5-10  periodically update a job description and an evaluation form for
   5-11  use by school districts in evaluating school counselors.  The
   5-12  agency shall consult with state guidance counselor associations in
   5-13  the development and modification of the job description and the
   5-14  evaluation form.
   5-15        SECTION 2.  Section 21.796, Education Code, is repealed.
   5-16        SECTION 3.  This Act applies beginning with the 1995-1996
   5-17  school year.
   5-18        SECTION 4.  The importance of this legislation and the
   5-19  crowded condition of the calendars in both houses create an
   5-20  emergency and an imperative public necessity that the
   5-21  constitutional rule requiring bills to be read on three several
   5-22  days in each house be suspended, and this rule is hereby suspended,
   5-23  and that this Act take effect and be in force from and after its
   5-24  passage, and it is so enacted.