SRC-TAG, TAG, AMY S.B. 251 78(R) BILL ANALYSIS Senate Research Center S.B. 251 78R1120 CAS-DBy: Lucio Education 2/25/2003 As Filed DIGEST AND PURPOSE Currently, school counselors perform clerical and administrative duties that take away time from their counseling activities. As proposed, 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. Furthermore, this bill prevents the time spent administering assessment from being included in the time set aside for counseling and guidance activities. 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. Amends Section 33.006, Education Code, by adding Subsection (c), to require the board of trustees of each school district to adopt a policy establishing the allocation of time a counselor should spend in counseling and guidance activities and on non-counseling or guidance activities. Specifies the activities that are not considered counseling or guidance activities. Requires each school in the district to implement the policy. Requires each school in the district to maintain a copy of the policy in the office and to make it available on request during regular school hours to concerned parties. SECTION 2. Amends Section 39.074, Education Code, by adding Subsection (g), to require the commissioner of education, 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). Establishes procedures of an investigation for that policy. SECTION 3. (a) Requires each school district to implement a policy adopted under Section 33.006(c), Education Code, beginning with the 2004-2005 school year. (b) Provides that Section 39.074(g), Education Code, as added, applies beginning with the 2004-2005 school year. SECTION 4. Effective date: upon passage or September 1, 2003.