SRC-MWN S.B. 538 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 538
77R5674 KKA-DBy: Lucio
Education
3/7/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Education Code details the primary responsibilities of
public school counselors and outlines the developmental guidance and
counseling programs they design. However, these statutory guidelines apply
only to schools which receive funding from the state compensatory education
allotment for elementary school counseling programs. A Texas Education
Agency report indicated that school counselors who are employed under these
guidelines dealt with less administrative and clerical tasks unrelated to
guidance and counseling and were able to focus more on counseling students,
especially those who are at-risk. As proposed, S.B. 538 directs a statewide
study to examine what duties are being performed by counselors and how
counselors distribute their time amongst those duties. As well, this study
will assess student/counselor ratios at the three public school levels:
elementary, middle, and high school. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Requires the comptroller of public accounts (comptroller) to
conduct a comprehensive statewide study of the duties public school
counselors perform. Requires the comptroller, in conducting the study, to
include all public school counselors, regardless of whether the counselors
are employed by a school district that receives funds as provided by
Section 42.152(i)(relating to requiring the commissioner of education to
withhold a certain amount of funds), Education Code and to determine the
percentage of total employment time public school counselors spend in
performing certain duties. Requires the comptroller to study each duty
described by Section 33.005 (Development guidance and counseling programs)
or 33.006 (Counselors), Education Code, that is not addressed by Paragraph
(A), and each additional duty not addressed by Paragraph (A) or (B) that
public school counselors perform, as identified by the comptroller.
Requires the comptroller to determine the public school
counselor-to-student ratio statewide and in each school district at the
elementary, middle or junior high, and high school levels. Requires the
comptroller, not later than January 1, 2003, to submit a report to the
legislature containing the findings and any recommendations resulting from
the study. 

SECTION 2. Effective date: September 1, 2001.