79R4790 BDH-F
By: Oliveira H.B. No. 2089
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
to ensure that a counselor does not spend more than 10 percent of
the counselor's total work time performing duties not included in
the components of a counseling or guidance program developed under
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 on 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 to implement
this subsection.
SECTION 3. (a) Each school district shall implement a
policy adopted under Section 33.006(c), Education Code, as added by
this Act, beginning with the 2006-2007 school year.
(b) Section 39.074(g), Education Code, as added by this Act,
applies beginning with the 2006-2007 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, 2005.