SRC-TAG, AMY C.S.S.B 251 78(R)     BILL ANALYSIS


Senate Research CenterC.S.S.B. 251
78R7792 CAS-DBy: Lucio
Education
4/4/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, school counselors perform clerical and administrative duties
that take away time from their counseling activities.  C.S.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

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. 

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 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. Specifies the activities that are
not considered counseling or guidance. 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, 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. Requires the commissioner to adopt rules
for carrying out this subsection. 

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.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from original by adding language that requires the
board of trustees of each school district to adopt the specified policy in
accordance with rules adopted by the commissioner of education.  Changes
proposed language regarding what the policy establishes, and makes a
conforming change. 

SECTION 2.  Differs from original by adding proposed language to require
the commissioner to  adopt rules for carrying out the subsection.  

SECTION 3. No change.

SECTION 4.  No change.