2009S0088-1 01/14/09
 
  By: Lucio S.B. No. 568
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of certified counselors by school
  districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (b) and (c), Section 33.002,
  Education Code, are amended to read as follows:
         (b)  A school district with 350 [500] or more students in
  enrollment [enrolled in elementary school grades] shall employ a
  counselor certified under the rules of the State Board for Educator
  Certification for each [elementary] school in the district.  A
  school district shall employ at least one counselor for every 350
  [500 elementary school] students in the district.
         (c)  A school district with fewer than 350 [500] students in
  enrollment [enrolled in elementary school grades] shall provide
  guidance and counseling services to [elementary school] students
  by:
               (1)  employing a part-time counselor certified under
  the rules of the State Board for Educator Certification;
               (2)  employing a part-time teacher certified as a
  counselor under the rules of the State Board for Educator
  Certification; or
               (3)  entering into a shared services arrangement
  agreement with one or more school districts to share a counselor
  certified under the rules of the State Board for Educator
  Certification.
         SECTION 2.  Subsection (i), Section 42.152, Education Code,
  is amended to read as follows:
         (i)  From the total amount of funds appropriated for
  allotments under this section, the commissioner shall, each fiscal
  year, withhold $7,500,000 or a greater amount as determined in the
  General Appropriations Act and distribute that amount for programs
  under Subchapter A, Chapter 33. Funds distributed under this
  subsection are in addition to any other funds available for
  programs under Subchapter A, Chapter 33, including funds provided
  under Section 42.2518 [A program established under that subchapter
  is required only in school districts in which the program is
  financed by funds distributed under this section or other funds
  distributed by the commissioner for a program under that
  subchapter. In distributing those funds, preference shall be given
  to a school district that received funds for a program under this
  subsection for the preceding school year].
         SECTION 3.  Subchapter E, Chapter 42, Education Code, is
  amended by adding Section 42.2518 to read as follows:
         Sec. 42.2518.  ADDITIONAL STATE AID FOR CERTIFIED
  COUNSELORS. (a)  For each school year, from funds that may be used
  for the purpose, a school district is entitled to state aid in an
  amount, as determined by the commissioner, sufficient to assist the
  district in employing the number of certified counselors required
  by Section 33.002.
         (b)  The commissioner shall adopt rules as necessary to
  administer this section.
         SECTION 4.  Subsection (a), Section 33.002, Education Code,
  is repealed.
         SECTION 5.  This Act applies beginning with the 2009-2010
  school year.
         SECTION 6.  This Act takes effect September 1, 2009.