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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), (e), (f), and (g) to read as follows: |
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(d) Except as provided by Subsection (e), the board of |
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trustees of each school district shall adopt a policy that requires |
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a school counselor to spend at least 80 percent of the school |
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counselor's total work time on duties that are components of a |
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counseling program developed under Section 33.005. For purposes of |
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this subsection, time spent in administering assessment |
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instruments or providing other assistance in connection with |
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assessment instruments, except time spent in interpreting data from |
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assessment instruments, is not considered time spent on counseling. |
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Each school in the district shall implement the policy. A copy of |
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the policy shall be maintained in the office of each school in the |
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district and made available on request during regular school hours |
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to district employees, parents of district students, and the |
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public. |
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(e) If the board of trustees of a school district determines |
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that, because of staffing needs in the district or at a school in |
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the district, a school counselor must spend less than 80 percent of |
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the school counselor's total work time on duties that are |
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components of a counseling program developed under Section 33.005, |
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the policy adopted under Subsection (d) shall: |
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(1) include the reasons why the counselor needs to |
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spend less than 80 percent of the counselor's work time on duties |
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that are components of the counseling program; |
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(2) list the duties the counselor is expected to |
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perform that are not components of the counseling program; and |
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(3) set the percentage of work time that the counselor |
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is required to spend on components of the counseling program. |
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(f) 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, except as |
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provided by Subsection (g), has the effect of authorizing a school |
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principal or school district superintendent to require a school |
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counselor to generally perform duties that are not primarily |
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related to a counseling function. |
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(g) A school district to which Subsection (e) applies may |
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not include a provision in an employment contract under Chapter 21 |
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with an affected school counselor that has the effect of requiring |
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the counselor to generally perform a duty that is not primarily |
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related to a counseling function unless the duty is specified in the |
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district's policy under Subsection (e)(2). |
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SECTION 2. Section 7.028(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 29.001(5), 29.010(a), |
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39.056(d-1), or 39.057, the agency may monitor compliance with |
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requirements applicable to a process or program provided by a |
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school district, campus, program, or school granted charters under |
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Chapter 12, including the process described by Subchapter F, |
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Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or |
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I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the |
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use of funds provided for such a program under Subchapter C, Chapter |
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42, only as necessary to ensure: |
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(1) compliance with federal law and regulations; |
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(2) financial accountability, including compliance |
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with grant requirements; and |
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(3) data integrity for purposes of: |
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(A) the Public Education Information Management |
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System (PEIMS); and |
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(B) accountability under Chapters 39 and 39A. |
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SECTION 3. Section 39.056, Education Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) Before a monitoring review, the commissioner shall |
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request that the school district scheduled for the review assess |
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the 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 agency |
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on or before the date specified by the commissioner. As part of |
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each monitoring review, the agency shall interview a percentage of |
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district school counselors determined by the commissioner to assess |
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the district's compliance with the policy adopted under Section |
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33.006(d). The commissioner shall adopt rules to implement this |
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subsection. |
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SECTION 4. (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 2019-2020 school year. |
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(b) Sections 33.006(f) and (g), Education Code, as added by |
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this Act, apply only to a contract executed on or after the |
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effective date of this Act. A contract executed before the |
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effective date of this Act is governed by the law in effect on the |
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date the contract was executed, and the former law is continued in |
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effect for that purpose. |
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(c) Section 7.028(a), Education Code, as amended by this |
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Act, and Section 39.056(d-1), Education Code, as added by this Act, |
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apply beginning with the 2019-2020 school year. |
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SECTION 5. 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, 2019. |
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