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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of public school counselors' work time. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.006, Education Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) In accordance with rules adopted by the commissioner, |
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the board of trustees of each school district shall adopt a policy |
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that requires a school counselor to spend not more than 10 percent |
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of the counselor's total work time on duties that are not components |
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of a counseling or guidance program developed under Section 33.005. |
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For purposes of this subsection, time spent in administering |
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assessment instruments or providing other assistance in connection |
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with assessment instruments, except time spent in interpreting data |
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from assessment instruments, is not considered time spent on |
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counseling or guidance. Each school in the district shall |
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implement the policy. A copy of the policy shall be maintained in |
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the office of each school in the district and made available on |
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request during regular school hours to district employees, parents |
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of district students, and the public. |
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(e) A school district may not include a provision in an |
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employment contract with a school counselor under Chapter 21 that |
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conflicts with the policy required by Subsection (d) or has the |
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effect of authorizing a school principal or school district |
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superintendent to require a school counselor to generally perform |
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duties that are not primarily related to a counseling function. |
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SECTION 2. Section 39.074, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Before an investigation, the commissioner shall request |
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that the district scheduled for the investigation assess the |
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district's compliance with the policy adopted under Section |
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33.006(d) and provide a written copy of the assessment to the |
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investigators on or before the date specified by the commissioner. |
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As part of each investigation, the investigators shall interview a |
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percentage of district school counselors determined by the |
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commissioner to assess the district's compliance with the policy |
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adopted under Section 33.006(d). The commissioner shall adopt |
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rules to implement this subsection. |
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SECTION 3. (a) Each school district shall implement a |
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policy adopted under Section 33.006(d), Education Code, as added by |
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this Act, beginning with the 2009-2010 school year. |
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(b) Section 33.006(e), Education Code, as added by this Act, |
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applies only to a contract executed on or after the effective date |
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of this Act. A contract executed before the effective date of this |
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Act is governed by the law in effect on the date the contract was |
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executed, and the former law is continued in effect for that |
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purpose. |
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(c) Section 39.074(g), Education Code, as added by this Act, |
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applies beginning with the 2009-2010 school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |