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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties and number of certified counselors in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.002, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) From funds appropriated for the purpose or other funds |
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that may be used for the purpose, the commissioner shall distribute |
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funds for programs under this subchapter. In distributing those |
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funds, the commissioner shall give preference to a school district |
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that received funds under this subsection for the preceding school |
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year and then to the districts that have the highest concentration |
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of students at risk of dropping out of school, as described by |
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Section 29.081. To receive funds for the program, a school |
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district must apply to the commissioner. For each school year that |
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a school district receives funds under this subsection, the |
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district shall allocate an amount of local funds for school |
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guidance and counseling programs that is equal to or greater than |
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the amount of local funds that the school district allocated for |
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that purpose during the preceding school year. Subsections (b) and |
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(c) apply [This section applies] only to a school district that |
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receives funds as provided by this subsection. |
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(d) A school district with 250 or more students enrolled in |
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high school grades shall employ a counselor certified under the |
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rules of the State Board for Educator Certification for each high |
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school in the district. A school district shall employ at least one |
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counselor for every 250 high school students in the district. |
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SECTION 2. Section 33.006, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) In addition to a school counselor's primary |
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responsibility under Subsection (a), the counselor shall, to the |
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extent possible considering the counselor's primary |
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responsibility: |
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(1) participate in planning, implementing, and |
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evaluating a comprehensive developmental guidance program to serve |
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all students and to address the special needs of students: |
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(A) who are at risk of dropping out of school, |
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becoming substance abusers, participating in gang activity, or |
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committing suicide; |
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(B) who are in need of modified instructional |
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strategies; or |
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(C) who are gifted and talented, with emphasis on |
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identifying and serving gifted and talented students who are |
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educationally disadvantaged; |
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(2) consult with a student's parent or guardian and |
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make referrals as appropriate in consultation with the student's |
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parent or guardian; |
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(3) consult with school staff, parents, and other |
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community members to help them increase the effectiveness of |
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student education and promote student success; |
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(4) coordinate people and resources in the school, |
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home, and community; |
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(5) with the assistance of school staff, interpret |
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standardized test results and other assessment data that help a |
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student make educational and career plans; and |
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(6) deliver classroom guidance activities or serve as |
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a consultant to teachers conducting lessons based on the school's |
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guidance curriculum. |
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(c) Except as provided by Subsection (b)(5), a high school |
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counselor may not be required or permitted to perform functions |
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associated with the administration of assessment instruments |
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required or authorized under Subchapter B, Chapter 39. Functions |
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prohibited under this subsection include scheduling or monitoring |
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the administration of assessment instruments. |
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SECTION 3. Subchapter E, Chapter 42, Education Code, is |
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amended by adding Section 42.2519 to read as follows: |
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Sec. 42.2519. ADDITIONAL STATE AID FOR CERTIFIED HIGH |
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SCHOOL COUNSELORS. (a) For each school year, from funds that may |
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be used for the purpose, a school district is entitled to state aid |
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in an amount, as determined by the commissioner, sufficient to |
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assist the district in employing the number of certified high |
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school counselors required by Section 33.002(d). |
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(b) The amount of state aid to which a school district is |
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entitled under this section is in addition to the amount of revenue |
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to which the district is entitled under Section 42.2516(b). This |
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subsection expires September 1, 2017. |
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(c) The commissioner shall adopt rules as necessary to |
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administer this section. |
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SECTION 4. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 5. This Act takes effect September 1, 2013. |