83R3744 KKA-D

By: Workman H.B. No. 1720

A BILL TO BE ENTITLED

AN ACT

relating to the duties and number of certified counselors in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.002, Education Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) From funds appropriated for the purpose or other funds that may be used for the purpose, the commissioner shall distribute funds for programs under this subchapter. In distributing those funds, the commissioner shall give preference to a school district that received funds under this subsection for the preceding school year and then to the districts that have the highest concentration of students at risk of dropping out of school, as described by Section 29.081. To receive funds for the program, a school district must apply to the commissioner. For each school year that a school district receives funds under this subsection, the district shall allocate an amount of local funds for school guidance and counseling programs that is equal to or greater than the amount of local funds that the school district allocated for that purpose during the preceding school year. Subsections (b) and (c) apply [This section applies] only to a school district that receives funds as provided by this subsection.

(d) A school district with 250 or more students enrolled in high school grades shall employ a counselor certified under the rules of the State Board for Educator Certification for each high school in the district. A school district shall employ at least one counselor for every 250 high school students in the district.

SECTION 2. Section 33.006, Education Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) In addition to a school counselor's primary responsibility under Subsection (a), the counselor shall, to the extent possible considering the counselor's primary responsibility:

(1) participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students:

(A) who are at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide;

(B) who are in need of modified instructional strategies; or

(C) who are gifted and talented, with emphasis on identifying and serving gifted and talented students who are educationally disadvantaged;

(2) consult with a student's parent or guardian and make referrals as appropriate in consultation with the student's parent or guardian;

(3) consult with school staff, parents, and other community members to help them increase the effectiveness of student education and promote student success;

(4) coordinate people and resources in the school, home, and community;

(5) with the assistance of school staff, interpret standardized test results and other assessment data that help a student make educational and career plans; and

(6) deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school's guidance curriculum.

(c) Except as provided by Subsection (b)(5), a high school counselor may not be required or permitted to perform functions associated with the administration of assessment instruments required or authorized under Subchapter B, Chapter 39. Functions prohibited under this subsection include scheduling or monitoring the administration of assessment instruments.

SECTION 3. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.2519 to read as follows:

Sec. 42.2519. ADDITIONAL STATE AID FOR CERTIFIED HIGH SCHOOL 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 high school counselors required by Section 33.002(d).

(b) The amount of state aid to which a school district is entitled under this section is in addition to the amount of revenue to which the district is entitled under Section 42.2516(b). This subsection expires September 1, 2017.

(c) The commissioner shall adopt rules as necessary to administer this section.

SECTION 4. This Act applies beginning with the 2013-2014 school year.

SECTION 5. This Act takes effect September 1, 2013.