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.