By Longoria H.B. No. 182
76R922 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.
1-9 (a) In this section:
1-10 (1) A risk that a student will drop out of school is
1-11 "attributable" to the student's home environment if:
1-12 (A) the student is or may be sexually,
1-13 physically, or psychologically abused at home;
1-14 (B) the student's parent lacks basic parenting
1-15 skills; or
1-16 (C) other facts exist that indicate the
1-17 student's home environment is not conducive to scholastic success.
1-18 (2) "Parent" includes a person standing in parental
1-19 relation.
1-20 (3) "Student at risk of dropping out of school" has
1-21 the meaning assigned by Sections 29.081(d)(1) and (2).
1-22 (b) Each teacher in prekindergarten through grade 8 shall:
1-23 (1) identify each student in the teacher's class who
1-24 is a student at risk of dropping out of school; and
2-1 (2) notify the person designated by the board of
2-2 trustees under Subsection (c) of the teacher's determination under
2-3 Subdivision (1).
2-4 (c) The board of trustees of each school district shall
2-5 designate one or more persons to perform the duties imposed by this
2-6 section. A person designated by the board must be a counselor or
2-7 social worker.
2-8 (d) A person who is notified of a student at risk of
2-9 dropping out of school under Subsection (b) shall investigate the
2-10 student's home environment.
2-11 (e) If the investigation indicates that the risk that the
2-12 student will drop out of school is attributable to the student's
2-13 home environment, the person conducting the investigation shall
2-14 notify the superintendent of the district. The superintendent
2-15 shall issue a written order instructing the student's parent or
2-16 parents to attend a counseling program designed to assist the
2-17 parent in improving the student's home environment. The order must
2-18 direct the parent or parents to one or more identified counseling
2-19 programs that are provided by or in cooperation with a private or
2-20 public entity, including the Texas Department of Human Services,
2-21 the Texas Commission on Alcohol and Drug Abuse, or the Texas
2-22 Workforce Commission.
2-23 (f) A parent who is aggrieved by an action of the
2-24 superintendent under this section may appeal the action to the
2-25 board of trustees. An appeal must be filed not later than the 30th
2-26 day after the date the parent receives the order under Subsection
2-27 (e). A parent who is aggrieved by an action of the board of
3-1 trustees under this section may appeal the action to the
3-2 commissioner as provided by Section 7.057.
3-3 (g) A parent who knowingly refuses to attend counseling
3-4 under this section in accordance with a final order under
3-5 Subsection (e) commits an offense. An offense under this
3-6 subsection is a misdemeanor punishable by a fine of:
3-7 (1) not more than $25 for the first offense;
3-8 (2) not less than $10 or more than $50 for a second
3-9 offense; or
3-10 (3) not less than $25 or more than $100 for a third or
3-11 subsequent offense.
3-12 SECTION 2. This Act takes effect September 1, 1999.
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.