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.