84R68 EAH-F
 
  By: Lucio S.B. No. 165
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of public school counselors' work time.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.006, Education Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  In accordance with rules adopted by the commissioner,
  the board of trustees of each school district shall adopt a policy
  that requires a school counselor to spend not more than 10 percent
  of the school counselor's total work time on duties that are not
  components of a counseling or guidance program developed under
  Section 33.005. For purposes of this subsection, time spent in
  administering assessment instruments or providing other assistance
  in connection with assessment instruments, except time spent in
  interpreting data from assessment instruments, is not considered
  time spent on counseling or guidance. Each school in the district
  shall implement the policy. A copy of the policy shall be
  maintained in the office of each school in the district and made
  available on request during regular school hours to district
  employees, parents of district students, and the public.
         (d)  A school district may not include a provision in an
  employment contract with a school counselor under Chapter 21 that
  conflicts with the policy required by Subsection (c) or has the
  effect of authorizing a school principal or school district
  superintendent to require a school counselor to generally perform
  duties that are not primarily related to a counseling or guidance
  function.
         SECTION 2.  Section 39.056, Education Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  Before an investigation, the commissioner shall
  request that the school district scheduled for the investigation
  assess the district's compliance with the policy adopted under
  Section 33.006(c) and provide a written copy of the assessment to
  the investigators on or before the date specified by the
  commissioner.  As part of each investigation, the investigators
  shall interview a percentage of district school counselors
  determined by the commissioner to assess the district's compliance
  with the policy adopted under Section 33.006(c).  The commissioner
  shall adopt rules to implement this subsection.
         SECTION 3.  (a)  Each school district shall implement a
  policy adopted under Section 33.006(c), Education Code, as added by
  this Act, beginning with the 2015-2016 school year.
         (b)  Section 33.006(d), Education Code, as added by this Act,
  applies only to a contract executed on or after the effective date
  of this Act.  A contract executed before the effective date of this
  Act is governed by the law in effect on the date the contract was
  executed, and the former law is continued in effect for that
  purpose.
         (c)  Section 39.056(d-1), Education Code, as added by this
  Act, applies beginning with the 2015-2016 school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.