S.B. 251 78(R)    BILL ANALYSIS


S.B. 251
By: Lucio
Public Education
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, school counselors perform clerical and administrative duties
that take away time from their counseling activities. S.B. 251 requires
school districts to implement policies detailing appropriate use of school
counselors' time. This bill adopts a policy on the appropriate use of
counselors and defines the role of counselors in the test assessment
process.  This bill prevents the time spent administering assessment from
being included in the time set aside for counseling and guidance
activities.   


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted to the
commissioner of education in SECTION 1 (Section 33.006, Education Code)
and in SECTION 2 (Section 39.074, Education Code) of this bill. 


ANALYSIS

S.B. 251 amends the Education Code  to require the board of trustees of
each school district to adopt a policy in accordance with rules adopted by
the commissioner of education (commissioner) establishing the percentage
of total work time a counselor is expected to spend on the components of a
guidance and counseling program as provided by Section 33.005. The bill
specifies the activities that are not considered counseling or guidance.
The bill requires each school in the district to implement the policy and
to maintain a copy of the policy in the office and to make it available on
request during  regular school hours to concerned parties.   

The bill requires the commissioner, prior to an investigation, to request
the district scheduled for investigation to assess and provide a written
copy of the assessment of the district's compliance with the adopted
policy under Section 33.006 (c). The bill establishes procedures of an
investigation for that policy. The bill requires the commissioner to adopt
rules for carrying out this subsection. 

The bill requires each school district to implement a policy adopted under
Section 33.006(c), Education Code, beginning with the 2004-2005 school
year. The bill provides that Section 39.074(g), Education Code, as added,
applies beginning with the 2004-2005 school year.  


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.