By Rodriguez                                     H.B. No. 795

      75R4433 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to school social workers and to social services provided

 1-3     by public schools.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 33, Education Code, is amended by adding

 1-6     Subchapter E to read as follows:

 1-7                        SUBCHAPTER E.  SOCIAL WORKERS

 1-8           Sec. 33.101.  DEFINITION.  In this subchapter, "licensed

 1-9     master social worker" has the meaning assigned by Section 50.001,

1-10     Human Resources Code.

1-11           Sec. 33.102.  SOCIAL WORKERS REQUIRED.  Each school district

1-12     shall employ at least one licensed master social worker:

1-13                 (1)  at each school in the district in which 60 percent

1-14     or more of the students enrolled are educationally disadvantaged;

1-15     and

1-16                 (2)  in each alternative education program under

1-17     Section 37.008, in addition to any other social worker employed at

1-18     a school at which the program is provided.

1-19           Sec. 33.103.  GENERAL DUTIES.   A social worker employed by a

1-20     school district shall:

1-21                 (1)  facilitate, coordinate, and contribute to the

1-22     efforts of parents, representatives of social service agencies in

1-23     the community, and members of school or alternative education

1-24     program support teams, including school counselors, psychologists,

 2-1     nurses, teachers, and administrators, in providing social services

 2-2     to students;

 2-3                 (2)  train parents in skills needed for parenting and

 2-4     train parents, representatives of social service agencies in the

 2-5     community, and members of school or alternative education program

 2-6     support teams in providing social services to students;

 2-7                 (3)  provide support and guidance to parents and

 2-8     educators in identifying community needs that if not addressed may

 2-9     have a negative effect on families and students and assist in

2-10     developing strategies to address those needs;

2-11                 (4)  inform parents about social services available for

2-12     families in the community, including educational, health, social,

2-13     mental health, housing, legal, and banking services, and about the

2-14     manner of gaining access to those services;

2-15                 (5)  to the extent practicable and appropriate, provide

2-16     for social services that are available in the community to be

2-17     offered on the school campus or in the alternative education

2-18     program, as applicable;

2-19                 (6)  provide assistance in fostering communication and

2-20     cooperation between parents and staff;

2-21                 (7)  assist in identifying educational programs that

2-22     parents can implement and assist parents in obtaining skills

2-23     necessary to teach preschool children at home; and

2-24                 (8)  identify for the school district emerging trends

2-25     in the community.

2-26           Sec. 33.104.  PARENTAL INVOLVEMENT.  (a)  Each school may

2-27     obtain, and maintain as part of the student's permanent record,

 3-1     written consent of the parent or legal guardian of a student for

 3-2     the student to participate in a program or activity conducted by

 3-3     the social worker.  The consent form must include specific

 3-4     information on the content of the program and the types of

 3-5     activities in which the student may be involved.

 3-6           (b)  Each school shall annually conduct a parent's preview of

 3-7     the social services program or social services activities to be

 3-8     offered for the school year.  Any materials, including any

 3-9     curriculum to be used, must be available at the campus during

3-10     regular school hours for any parent or guardian to preview.

3-11     Material that is not available on the campus for the preview may

3-12     not be used as part of a social services program or activity.

3-13           Sec. 33.105.  JOB DESCRIPTION AND EVALUATION FORM.  The

3-14     agency shall develop a job description for school social workers

3-15     and an evaluation form for school districts to use in evaluating

3-16     the performance of school social workers.  The agency shall consult

3-17     with state social worker associations in the development of the job

3-18     description and evaluation form.

3-19           SECTION 2.  Section 39.072(b), Education Code, is amended to

3-20     read as follows:

3-21           (b)  The academic excellence indicators adopted under

3-22     Sections 39.051(b)(1) through (6) shall be the main consideration

3-23     of the agency in the rating of the district under this section.

3-24     Additional criteria in the rules may include consideration of:

3-25                 (1)  compliance with statutory requirements and

3-26     requirements imposed by rule of the State Board of Education under

3-27     specific statutory authority that relate to:

 4-1                       (A)  reporting data through the Public Education

 4-2     Information Management System (PEIMS);

 4-3                       (B)  the high school graduation requirements

 4-4     under Section 28.025; or

 4-5                       (C)  an item listed in Sections

 4-6     7.056(e)(3)(C)-(I) that applies to the district; [and]

 4-7                 (2)  the effectiveness of the district's programs in

 4-8     special education based on the agency's most recent compliance

 4-9     review of the district and programs for special populations; and

4-10                 (3)  the presence and quality of social services on

4-11     school campuses and in alternative education programs.

4-12           SECTION 3.  A school district shall employ social workers in

4-13     accordance with Subchapter E, Chapter 33, Education Code, as added

4-14     by this Act, beginning with the 1997-1998 school year.

4-15           SECTION 4.  The importance of this legislation and the

4-16     crowded condition of the calendars in both houses create an

4-17     emergency and an imperative public necessity that the

4-18     constitutional rule requiring bills to be read on three several

4-19     days in each house be suspended, and this rule is hereby suspended,

4-20     and that this Act take effect and be in force from and after its

4-21     passage, and it is so enacted.