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By:  Lucio, West                                                  S.B. No. 251


A BILL TO BE ENTITLED

AN ACT

relating to a school district policy concerning the use of school 
counselors' work time.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 33.006, Education Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  In accordance with rules adopted by the commissioner, 
the board of trustees of each school district shall adopt a policy 
that establishes 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.  For purposes of this 
subsection, time spent in administering assessment instruments or 
providing other assistance in connection with assessment 
instruments, except time spent in interpreting data from assessment 
instruments, is not considered time spent in counseling or 
guidance.  Each school in the district shall implement the policy.  
A copy of the policy shall be maintained in the office of each 
school in the district and made available on request during regular 
school hours to district employees, parents of district students, 
and the public.
	SECTION 2.  Section 39.074, Education Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  Before an investigation, the commissioner shall request 
that the district scheduled for the investigation assess the 
district's compliance with the policy adopted under Section 
33.006(c) and provide a written copy of the assessment to the 
investigators on or before the date specified by the commissioner.  
As part of each investigation, the investigators shall interview a 
percentage of district counselors determined by the commissioner to 
assess the district's compliance with the policy adopted under 
Section 33.006(c).  The commissioner shall adopt rules for carrying 
out this subsection.
	SECTION 3.  (a)  Each school district shall implement a 
policy adopted under Subsection (c), Section 33.006, Education 
Code, as added by this Act, beginning with the 2004-2005 school 
year.
	(b)  Subsection (g), Section 39.074, Education Code, as 
added by this Act, applies beginning with the 2004-2005 school 
year.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.