By Oliveira                                           H.B. No. 2450
         77R4077 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public school counselors.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 33.002, Education Code, is amended by
 1-5     adding Subsection (c) to read as follows:
 1-6           (c)  This section applies only to a school district that
 1-7     receives funds as provided by Section 42.152(i).
 1-8           SECTION 2. Section 33.005, Education Code, is amended to read
 1-9     as follows:
1-10           Sec. 33.005.  DEVELOPMENTAL GUIDANCE AND COUNSELING PROGRAMS.
1-11     A school counselor [person employed as required by Section 33.002]
1-12     shall work with the school faculty and staff, students, parents,
1-13     and the community to plan, implement, and evaluate a developmental
1-14     guidance and counseling program.  The counselor shall design the
1-15     program to include:
1-16                 (1)  a guidance curriculum to help students develop
1-17     their full educational potential;
1-18                 (2)  a responsive services component to intervene on
1-19     behalf of any student whose immediate personal concerns or problems
1-20     put the student's continued educational, career, personal, or
1-21     social development at risk;
1-22                 (3)  an individual planning system to guide a student
1-23     as the student plans, monitors, and manages the student's own
1-24     educational, career, personal, and social development; and
 2-1                 (4)  system support to support the efforts of teachers,
 2-2     staff, parents, and other members of the community in promoting the
 2-3     educational, career, personal, and social development of students.
 2-4           SECTION 3.  Sections 42.152(i) and (j), Education Code, are
 2-5     amended to read as follows:
 2-6           (i)  From the total amount of funds appropriated for
 2-7     allotments under this section, the commissioner shall, each fiscal
 2-8     year, withhold $7,500,000 or a greater amount as determined in the
 2-9     General Appropriations Act and distribute that amount for purposes
2-10     of Section 33.002 [programs under Subchapter A, Chapter 33].
2-11     Section 33.002 applies [A program established under that subchapter
2-12     is required] only in school districts that receive [in which the
2-13     program is financed by] funds distributed under this section or
2-14     other funds distributed by the commissioner for purposes of [a
2-15     program under] that section [subchapter].  In distributing those
2-16     funds, preference shall be given to a school district that received
2-17     funds [for a program] under this subsection for the preceding
2-18     school year.
2-19           (j)  The commissioner shall coordinate the funds withheld
2-20     under Subsection (i) and any other funds available for purposes of
2-21     Section 33.002 [the program] and shall distribute those funds.  To
2-22     receive funds for those purposes [the program], a school district
2-23     must apply to the commissioner.  The commissioner shall give a
2-24     preference to the districts that apply that have the highest
2-25     concentration of at-risk students.  For each school year that a
2-26     school district receives funds under this subsection [section], the
2-27     district shall allocate an amount of local funds for school
 3-1     guidance and counseling programs that is equal to or greater than
 3-2     the amount of local funds that the school district allocated for
 3-3     that purpose during the preceding school year.
 3-4           SECTION 4. Section 33.001, Education Code, is repealed.
 3-5           SECTION 5. This Act applies beginning with the 2001-2002
 3-6     school year.
 3-7           SECTION 6. This Act takes effect immediately if it receives a
 3-8     vote of two-thirds of all the members elected to each house, as
 3-9     provided by Section 39, Article III, Texas Constitution.  If this
3-10     Act does not receive the vote necessary for immediate effect, this
3-11     Act takes effect September 1, 2001.