By Longoria                                             H.B. No. 83

      75R1286 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 C, Chapter 29, Education Code, is

 1-7     amended by adding Section 29.086 to read as follows:

 1-8           Sec. 29.086.  COUNSELING FOR PARENT OF AT-RISK STUDENT.  (a)

 1-9     Each teacher in prekindergarten through grade eight 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     Workforce 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 order 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 as provided by Section 7.057.

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 Sections 29.081(d)(1) and (2).

3-12           SECTION 2.  This Act takes effect September 1, 1997.

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.