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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of certified school counselors by school |
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districts. |
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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 to |
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read as follows: |
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Sec. 33.002. [CERTIFIED] SCHOOL COUNSELOR TO STUDENT RATIO; |
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DISTRIBUTION OF FUNDS FOR COUNSELING PROGRAMS. (a) In this |
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section, "school counselor" means a school counselor certified |
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under Subchapter B, Chapter 21. |
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(a-1) 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 district |
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must apply to the commissioner. For each school year that a school |
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district receives funds under this subsection, the district shall |
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allocate an amount of local funds for school guidance and |
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counseling programs that is equal to or greater than the amount of |
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local funds that the school district allocated for that purpose |
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during the preceding school year. Funds distributed under this |
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subsection are in addition to any other funds available for |
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programs under this subchapter, including funds provided under |
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Section 48.2641 [This section applies only to a school district |
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that receives funds as provided by this subsection]. |
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(b) Beginning with the 2031-2032 school year, a [A] school |
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district with 300 [500] or more students in enrollment [enrolled in |
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elementary school grades] shall employ a school counselor |
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[certified under the rules of the State Board for Educator |
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Certification] for each [elementary] school in the district. A |
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school district shall employ at least one school counselor for |
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every 300 [500 elementary school] students in the district. |
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(b-1) Beginning with the 2029-2030 school year, a school |
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district with 350 or more students in enrollment shall employ a |
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school counselor for each school in the district. A school district |
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shall employ at least one school counselor for every 350 students in |
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the district. This subsection expires September 1, 2031. |
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(b-2) Beginning with the 2027-2028 school year, a school |
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district with 400 or more students in enrollment shall employ a |
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school counselor for each school in the district. A school district |
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shall employ at least one school counselor for every 400 students in |
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the district. This subsection expires September 1, 2029. |
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(b-3) Beginning with the 2025-2026 school year, a school |
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district with 450 or more students in enrollment shall employ a |
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school counselor for each school in the district. A school district |
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shall employ at least one school counselor for every 450 students in |
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the district. This subsection expires September 1, 2027. |
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(b-4) A school district with 500 or more students in |
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enrollment shall employ a school counselor for each school in the |
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district. A school district shall employ at least one school |
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counselor for every 500 students in the district. This subsection |
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expires September 1, 2025. |
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(c) Beginning with the 2031-2032 school year, a [A] school |
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district with fewer than 300 [500] students in enrollment [enrolled |
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in elementary school grades] shall provide guidance and counseling |
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services to [elementary school] students by: |
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(1) employing a part-time school counselor [certified |
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under the rules of the State Board for Educator Certification]; |
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(2) employing a part-time teacher certified as a |
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school counselor under Subchapter B, Chapter 21 [the rules of the |
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State Board for Educator Certification]; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share a school |
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counselor [certified under the rules of the State Board for |
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Educator Certification]. |
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(c-1) Beginning with the 2029-2030 school year, a school |
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district with fewer than 350 students in enrollment shall provide |
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guidance and counseling services to students by: |
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(1) employing a part-time school counselor; |
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(2) employing a part-time teacher certified as a |
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school counselor under Subchapter B, Chapter 21; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share a school |
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counselor. |
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(c-2) Subsection (c-1) and this subsection expire September |
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1, 2031. |
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(c-3) Beginning with the 2027-2028 school year, a school |
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district with fewer than 400 students in enrollment shall provide |
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guidance and counseling services to students by: |
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(1) employing a part-time school counselor; |
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(2) employing a part-time teacher certified as a |
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school counselor under Subchapter B, Chapter 21; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share a school |
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counselor. |
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(c-4) Subsection (c-3) and this subsection expire September |
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1, 2029. |
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(c-5) Beginning with the 2025-2026 school year, a school |
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district with fewer than 450 students in enrollment shall provide |
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guidance and counseling services to students by: |
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(1) employing a part-time school counselor; |
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(2) employing a part-time teacher certified as a |
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school counselor under Subchapter B, Chapter 21; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share a school |
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counselor. |
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(c-6) Subsection (c-5) and this subsection expire September |
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1, 2027. |
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(c-7) A school district with fewer than 500 students in |
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enrollment shall provide guidance and counseling services to |
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students by: |
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(1) employing a part-time school counselor; |
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(2) employing a part-time teacher certified as a |
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school counselor under Subchapter B, Chapter 21; or |
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(3) entering into a shared services arrangement |
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agreement with one or more school districts to share a school |
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counselor. |
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(c-8) Subsection (c-7) and this subsection expire September |
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1, 2025. |
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SECTION 2. Subchapter F, Chapter 48, Education Code, is |
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amended by adding Section 48.2641 to read as follows: |
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Sec. 48.2641. ADDITIONAL STATE AID FOR CERTIFIED SCHOOL |
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COUNSELORS. (a) For each school year, from funds that may be used |
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for the purpose, a school district is entitled to state aid in an |
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amount, as determined by the commissioner, sufficient to assist the |
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district in employing the number of certified school counselors |
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required by Section 33.002. |
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(b) The commissioner shall adopt rules as necessary to |
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administer this section. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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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, 2023. |