| |
| |
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A BILL TO BE ENTITLED
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AN ACT
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relating to counselors employed by school districts, including the |
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use of consistent terminology in the Education Code to refer to |
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|
school counselors and a license requirement for licensed |
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|
professional counselors employed by school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.055(b)(18), Education Code, is amended |
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|
to read as follows: |
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(18) The commissioner shall adopt a recommended |
|
|
appraisal process and criteria on which to appraise the performance |
|
|
of teachers, a recommended appraisal process and criteria on which |
|
|
to appraise the performance of administrators, and a job |
|
|
description and evaluation form for use in evaluating school |
|
|
counselors, as provided by Subchapter H, Chapter 21. |
|
|
SECTION 2. Section 11.252(a), Education Code, is amended to |
|
|
read as follows: |
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|
(a) Each school district shall have a district improvement |
|
|
plan that is developed, evaluated, and revised annually, in |
|
|
accordance with district policy, by the superintendent with the |
|
|
assistance of the district-level committee established under |
|
|
Section 11.251. The purpose of the district improvement plan is to |
|
|
guide district and campus staff in the improvement of student |
|
|
performance for all student groups in order to attain state |
|
|
standards in respect to the student achievement indicators adopted |
|
|
under Section 39.053. The district improvement plan must include |
|
|
provisions for: |
|
|
(1) a comprehensive needs assessment addressing |
|
|
district student performance on the student achievement |
|
|
indicators, and other appropriate measures of performance, that are |
|
|
disaggregated by all student groups served by the district, |
|
|
including categories of ethnicity, socioeconomic status, sex, and |
|
|
populations served by special programs, including students in |
|
|
special education programs under Subchapter A, Chapter 29; |
|
|
(2) measurable district performance objectives for |
|
|
all appropriate student achievement indicators for all student |
|
|
populations, including students in special education programs |
|
|
under Subchapter A, Chapter 29, and other measures of student |
|
|
performance that may be identified through the comprehensive needs |
|
|
assessment; |
|
|
(3) strategies for improvement of student performance |
|
|
that include: |
|
|
(A) instructional methods for addressing the |
|
|
needs of student groups not achieving their full potential; |
|
|
(B) methods for addressing the needs of students |
|
|
for special programs, including: |
|
|
(i) suicide prevention programs, in |
|
|
accordance with Subchapter O-1, Chapter 161, Health and Safety |
|
|
Code, which includes a parental or guardian notification procedure; |
|
|
(ii) conflict resolution programs; |
|
|
(iii) violence prevention programs; and |
|
|
(iv) dyslexia treatment programs; |
|
|
(C) dropout reduction; |
|
|
(D) integration of technology in instructional |
|
|
and administrative programs; |
|
|
(E) discipline management; |
|
|
(F) staff development for professional staff of |
|
|
the district; |
|
|
(G) career education to assist students in |
|
|
developing the knowledge, skills, and competencies necessary for a |
|
|
broad range of career opportunities; and |
|
|
(H) accelerated education; |
|
|
(4) strategies for providing to middle school, junior |
|
|
high school, and high school students, those students' teachers and |
|
|
school counselors, and those students' parents information about: |
|
|
(A) higher education admissions and financial |
|
|
aid opportunities; |
|
|
(B) the TEXAS grant program and the Teach for |
|
|
Texas grant program established under Chapter 56; |
|
|
(C) the need for students to make informed |
|
|
curriculum choices to be prepared for success beyond high school; |
|
|
and |
|
|
(D) sources of information on higher education |
|
|
admissions and financial aid; |
|
|
(5) resources needed to implement identified |
|
|
strategies; |
|
|
(6) staff responsible for ensuring the accomplishment |
|
|
of each strategy; |
|
|
(7) timelines for ongoing monitoring of the |
|
|
implementation of each improvement strategy; |
|
|
(8) formative evaluation criteria for determining |
|
|
periodically whether strategies are resulting in intended |
|
|
improvement of student performance; and |
|
|
(9) the policy under Section 38.0041 addressing sexual |
|
|
abuse and other maltreatment of children. |
|
|
SECTION 3. Section 12.1059, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN |
|
|
EMPLOYEES. A person may not be employed by or serve as a teacher, |
|
|
librarian, educational aide, administrator, or school counselor |
|
|
for an open-enrollment charter school unless the person has been |
|
|
approved by the agency following a review of the person's national |
|
|
criminal history record information as provided by Section 22.0832. |
|
|
SECTION 4. Sections 12.133(b), (c), (d), and (e), Education |
|
|
Code, are amended to read as follows: |
|
|
(b) Each school year, using state funds received by the |
|
|
charter holder for that purpose under Subsection (d), a charter |
|
|
holder that participated in the program under Chapter 1579, |
|
|
Insurance Code, for the 2005-2006 school year shall provide |
|
|
employees of the charter holder, other than administrators, |
|
|
compensation in the form of annual salaries, incentives, or other |
|
|
compensation determined appropriate by the charter holder that |
|
|
results in an average compensation increase for classroom teachers, |
|
|
full-time librarians, full-time school counselors, and full-time |
|
|
school nurses who are employed by the charter holder and who would |
|
|
be entitled to a minimum salary under Section 21.402 if employed by |
|
|
a school district, in an amount at least equal to $2,500. |
|
|
(c) Each school year, using state funds received by the |
|
|
charter holder for that purpose under Subsection (e), a charter |
|
|
holder that did not participate in the program under Chapter 1579, |
|
|
Insurance Code, for the 2005-2006 school year shall provide |
|
|
employees of the charter holder, other than administrators, |
|
|
compensation in the form of annual salaries, incentives, or other |
|
|
compensation determined appropriate by the charter holder that |
|
|
results in an average compensation increase for classroom teachers, |
|
|
full-time librarians, full-time school counselors, and full-time |
|
|
school nurses who are employed by the charter holder and who would |
|
|
be entitled to a minimum salary under Section 21.402 if employed by |
|
|
a school district, in an amount at least equal to $2,000. |
|
|
(d) Each school year, in addition to any amounts to which a |
|
|
charter holder is entitled under this chapter, a charter holder |
|
|
that participated in the program under Chapter 1579, Insurance |
|
|
Code, for the 2005-2006 school year is entitled to state aid in an |
|
|
amount, as determined by the commissioner, equal to the product of |
|
|
$2,500 multiplied by the number of classroom teachers, full-time |
|
|
librarians, full-time school counselors, and full-time school |
|
|
nurses employed by the charter holder at an open-enrollment charter |
|
|
school. |
|
|
(e) Each school year, in addition to any amounts to which a |
|
|
charter holder is entitled under this chapter, a charter holder |
|
|
that did not participate in the program under Chapter 1579, |
|
|
Insurance Code, for the 2005-2006 school year is entitled to state |
|
|
aid in an amount, as determined by the commissioner, equal to the |
|
|
product of $2,000 multiplied by the number of classroom teachers, |
|
|
full-time librarians, full-time school counselors, and full-time |
|
|
school nurses employed by the charter holder at an open-enrollment |
|
|
charter school. |
|
|
SECTION 5. Section 19.007(f), Education Code, is amended to |
|
|
read as follows: |
|
|
(f) In addition to other amounts received by the district |
|
|
under this section, the district is entitled to state aid in an |
|
|
amount equal to the product of $2,000 multiplied by the number of |
|
|
classroom teachers, full-time librarians, full-time school |
|
|
counselors certified under Subchapter B, Chapter 21, and full-time |
|
|
school nurses who are employed by the district and who would be |
|
|
entitled to a minimum salary under Section 21.402 if employed by a |
|
|
school district operating under Chapter 11. |
|
|
SECTION 6. Sections 19.009(d-1) and (d-2), Education Code, |
|
|
are amended to read as follows: |
|
|
(d-1) Each school year, the district shall pay an amount at |
|
|
least equal to $2,000 to each classroom teacher, full-time |
|
|
librarian, full-time school counselor certified under Subchapter |
|
|
B, Chapter 21, and full-time school nurse who is employed by the |
|
|
district and who would be entitled to a minimum salary under Section |
|
|
21.402 if employed by a school district operating under Chapter |
|
|
11. A payment under this section is in addition to wages the |
|
|
district would otherwise pay the employee during the school year. |
|
|
(d-2) Beginning with the 2009-2010 school year, the |
|
|
district shall increase the monthly salary of each classroom |
|
|
teacher, full-time speech pathologist, full-time librarian, |
|
|
full-time school counselor certified under Subchapter B, Chapter |
|
|
21, and full-time school nurse employed by the district by the |
|
|
greater of: |
|
|
(1) $80; or |
|
|
(2) the maximum uniform amount that, when combined |
|
|
with any resulting increases in the amount of contributions made by |
|
|
the district for social security coverage for the specified |
|
|
employees or by the district on behalf of the specified employees |
|
|
under Section 825.405, Government Code, may be provided using an |
|
|
amount equal to the product of $60 multiplied by the number of |
|
|
students in weighted average daily attendance in the district |
|
|
during the 2009-2010 school year. |
|
|
SECTION 7. Section 21.002(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) A school district shall employ each classroom teacher, |
|
|
principal, librarian, nurse, or school counselor under: |
|
|
(1) a probationary contract, as provided by Subchapter |
|
|
C; |
|
|
(2) a continuing contract, as provided by Subchapter |
|
|
D; or |
|
|
(3) a term contract, as provided by Subchapter E. |
|
|
SECTION 8. Section 21.003, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not |
|
|
be employed as a teacher, teacher intern or teacher trainee, |
|
|
librarian, educational aide, administrator, educational |
|
|
diagnostician, or school counselor by a school district unless the |
|
|
person holds an appropriate certificate or permit issued as |
|
|
provided by Subchapter B. |
|
|
(b) Except as otherwise provided by this subsection, a |
|
|
person may not be employed by a school district as an audiologist, |
|
|
occupational therapist, physical therapist, physician, nurse, |
|
|
school psychologist, associate school psychologist, licensed |
|
|
professional counselor, marriage and family therapist, social |
|
|
worker, or speech language pathologist unless the person is |
|
|
licensed by the state agency that licenses that profession and may |
|
|
perform specific services within those professions for a school |
|
|
district only if the person holds the appropriate credential from |
|
|
the appropriate state agency. As long as a person employed by a |
|
|
district before September 1, 2011, to perform marriage and family |
|
|
therapy, as defined by Section 502.002, Occupations Code, is |
|
|
employed by the same district, the person is not required to hold a |
|
|
license as a marriage and family therapist to perform marriage and |
|
|
family therapy with that district. |
|
|
SECTION 9. Section 21.101, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.101. DEFINITION. In this subchapter, "teacher" |
|
|
means a principal, supervisor, classroom teacher, school |
|
|
counselor, or other full-time professional employee who is required |
|
|
to hold a certificate issued under Subchapter B or a nurse. The |
|
|
term does not include a superintendent or a person who is not |
|
|
entitled to a probationary, continuing, or term contract under |
|
|
Section 21.002, an existing contract, or district policy. |
|
|
SECTION 10. Section 21.201(1), Education Code, is amended |
|
|
to read as follows: |
|
|
(1) "Teacher" means a superintendent, principal, |
|
|
supervisor, classroom teacher, school counselor, or other |
|
|
full-time professional employee who is required to hold a |
|
|
certificate issued under Subchapter B or a nurse. The term does |
|
|
not include a person who is not entitled to a probationary, |
|
|
continuing, or term contract under Section 21.002, an existing |
|
|
contract, or district policy. |
|
|
SECTION 11. Section 21.402(a), Education Code, as effective |
|
|
until September 1, 2017, is amended to read as follows: |
|
|
(a) Except as provided by Subsection (f), a school district |
|
|
must pay each classroom teacher, full-time librarian, full-time |
|
|
school counselor certified under Subchapter B, or full-time school |
|
|
nurse not less than the minimum monthly salary, based on the |
|
|
employee's level of experience in addition to other factors, as |
|
|
determined by commissioner rule, determined by the following |
|
|
formula: |
|
|
MS = SF x FS |
|
|
where: |
|
|
"MS" is the minimum monthly salary; |
|
|
"SF" is the applicable salary factor specified by Subsection |
|
|
(c); and |
|
|
"FS" is the amount, as determined by the commissioner under |
|
|
Subsection (b), of the basic allotment as provided by Section |
|
|
42.101(a) or (b) for a school district with a maintenance and |
|
|
operations tax rate at least equal to the state maximum compressed |
|
|
tax rate, as defined by Section 42.101(a). |
|
|
SECTION 12. Section 21.402(a), Education Code, as effective |
|
|
September 1, 2017, is amended to read as follows: |
|
|
(a) Except as provided by Subsection (e-1) or (f), a school |
|
|
district must pay each classroom teacher, full-time librarian, |
|
|
full-time school counselor certified under Subchapter B, or |
|
|
full-time school nurse not less than the minimum monthly salary, |
|
|
based on the employee's level of experience in addition to other |
|
|
factors, as determined by commissioner rule, determined by the |
|
|
following formula: |
|
|
MS = SF x FS |
|
|
where: |
|
|
"MS" is the minimum monthly salary; |
|
|
"SF" is the applicable salary factor specified by Subsection |
|
|
(c); and |
|
|
"FS" is the amount, as determined by the commissioner under |
|
|
Subsection (b), of the basic allotment as provided by Section |
|
|
42.101(a) or (b) for a school district with a maintenance and |
|
|
operations tax rate at least equal to the state maximum compressed |
|
|
tax rate, as defined by Section 42.101(a). |
|
|
SECTION 13. Section 21.402(c-1), Education Code, is amended |
|
|
to read as follows: |
|
|
(c-1) Notwithstanding Subsections (a) and (b), each school |
|
|
district shall pay a monthly salary to each classroom teacher, |
|
|
full-time speech pathologist, full-time librarian, full-time |
|
|
school counselor certified under Subchapter B, and full-time school |
|
|
nurse that is at least equal to the following monthly salary or the |
|
|
monthly salary determined by the commissioner under Subsections (a) |
|
|
and (b), whichever is greater: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 14. Sections 21.403(a) and (c), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) A teacher, librarian, school counselor, or nurse shall |
|
|
advance one step on the minimum salary schedule under Section |
|
|
21.402 for each year of experience as a teacher, librarian, school |
|
|
counselor, or nurse until step 20 is reached. |
|
|
(c) The commissioner shall adopt rules for determining the |
|
|
experience for which a teacher, librarian, school counselor, or |
|
|
nurse is to be given credit in placing the teacher, librarian, |
|
|
school counselor, or nurse on the minimum salary schedule. A |
|
|
district shall credit the teacher, librarian, school counselor, or |
|
|
nurse for each year of experience without regard to whether the |
|
|
years are consecutive. |
|
|
SECTION 15. Section 21.4031(a)(2), Education Code, is |
|
|
amended to read as follows: |
|
|
(2) "Service record" means a school district |
|
|
document that indicates the total years of service provided to the |
|
|
district by a classroom teacher, librarian, school counselor, or |
|
|
nurse. |
|
|
SECTION 16. Section 21.4031(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) On request by a classroom teacher, librarian, school |
|
|
counselor, or nurse or by the school district employing one of those |
|
|
individuals, a school district that previously employed the |
|
|
individual shall provide a copy of the individual's service record |
|
|
to the school district employing the individual. The district must |
|
|
provide the copy not later than the 30th day after the later of: |
|
|
(1) the date the request is made; or |
|
|
(2) the date of the last day of the individual's |
|
|
service to the district. |
|
|
SECTION 17. Section 22.051(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) In this subchapter, "professional employee of a school |
|
|
district" includes: |
|
|
(1) a superintendent, principal, teacher, including a |
|
|
substitute teacher, supervisor, social worker, school counselor, |
|
|
nurse, and teacher's aide employed by a school district; |
|
|
(2) a teacher employed by a company that contracts |
|
|
with a school district to provide the teacher's services to the |
|
|
district; |
|
|
(3) a student in an education preparation program |
|
|
participating in a field experience or internship; |
|
|
(4) a school bus driver certified in accordance with |
|
|
standards and qualifications adopted by the Department of Public |
|
|
Safety of the State of Texas; |
|
|
(5) a member of the board of trustees of an independent |
|
|
school district; and |
|
|
(6) any other person employed by a school district |
|
|
whose employment requires certification and the exercise of |
|
|
discretion. |
|
|
SECTION 18. Section 26.004, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is |
|
|
entitled to access to all written records of a school district |
|
|
concerning the parent's child, including: |
|
|
(1) attendance records; |
|
|
(2) test scores; |
|
|
(3) grades; |
|
|
(4) disciplinary records; |
|
|
(5) counseling records; |
|
|
(6) psychological records; |
|
|
(7) applications for admission; |
|
|
(8) health and immunization information; |
|
|
(9) teacher and school counselor evaluations; and |
|
|
(10) reports of behavioral patterns. |
|
|
SECTION 19. Section 28.0212(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) A principal shall designate a school [guidance] |
|
|
counselor, teacher, or other appropriate individual to develop and |
|
|
administer a personal graduation plan for each student enrolled in |
|
|
a junior high, middle, or high school who: |
|
|
(1) does not perform satisfactorily on an assessment |
|
|
instrument administered under Subchapter B, Chapter 39; or |
|
|
(2) is not likely to receive a high school diploma |
|
|
before the fifth school year following the student's enrollment in |
|
|
grade level nine, as determined by the district. |
|
|
SECTION 20. Section 28.026(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The board of trustees of a school district shall require |
|
|
each high school in the district to post appropriate signs in each |
|
|
school counselor's office, in each principal's office, and in each |
|
|
administrative building indicating the substance of Section 51.803 |
|
|
regarding automatic college admission. To assist in the |
|
|
dissemination of this information, the school district shall: |
|
|
(1) require that each [high] school counselor and |
|
|
class advisor at a high school be provided a detailed explanation of |
|
|
the substance of Section 51.803; |
|
|
(2) provide each district student, at the time the |
|
|
student first registers for one or more classes required for high |
|
|
school graduation, with a written notification of the substance of |
|
|
Section 51.803; |
|
|
(3) require that each [high] school counselor and |
|
|
senior class advisor at a high school explain to eligible students |
|
|
the substance of Section 51.803; and |
|
|
(4) not later than the 14th day after the last day of |
|
|
classes for the fall semester or an equivalent date in the case of a |
|
|
school operated on a year-round system under Section 25.084, |
|
|
provide each eligible senior student under Section 51.803 and each |
|
|
student enrolled in the junior year of high school who has a grade |
|
|
point average in the top 10 percent of the student's high school |
|
|
class, and the student's parent or guardian, with a written |
|
|
notification of the student's eligibility with a detailed |
|
|
explanation in plain language of the substance of Section 51.803. |
|
|
SECTION 21. Section 28.054(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) To obtain a subsidy under this section, a student must: |
|
|
(1) pay the fee for each test or examination for which |
|
|
the student seeks a subsidy; and |
|
|
(2) submit to the board through the student's school |
|
|
[guidance] counselor a written application on a form prescribed by |
|
|
the commissioner demonstrating financial need and the amount of the |
|
|
fee paid by the student for each test or examination. |
|
|
SECTION 22. Section 29.082(e), Education Code, is amended |
|
|
to read as follows: |
|
|
(e) A student who attends at least 90 percent of the program |
|
|
days of a program under this section and who satisfies the |
|
|
requirements for promotion prescribed by Section 28.021 shall be |
|
|
promoted to the next grade level at the beginning of the next school |
|
|
year unless a parent of the student presents a written request to |
|
|
the school principal that the student not be promoted to the next |
|
|
grade level. As soon as practicable after receiving the request |
|
|
from a parent, the principal shall hold a formal meeting with the |
|
|
student's parent, extended year program teacher, and school |
|
|
counselor. During the meeting, the principal, teacher, or school |
|
|
counselor shall explain the longitudinal statistics on the academic |
|
|
performance of students who are not promoted to the next grade level |
|
|
and provide information on the effect of retention on a student's |
|
|
self-esteem and on the likelihood of a student dropping out of |
|
|
school. After the meeting, the parent may withdraw the request that |
|
|
the student not be promoted to the next grade level. If the parent |
|
|
of a student eligible for promotion under this subsection withdraws |
|
|
the request, the student shall be promoted. If a student is |
|
|
promoted under this subsection, the school district shall continue |
|
|
to use innovative practices to ensure that the student is |
|
|
successful in school in succeeding years. |
|
|
SECTION 23. Section 29.911(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) During the designated week, each middle school, junior |
|
|
high school, and high school shall provide students with |
|
|
comprehensive grade-appropriate information regarding the pursuit |
|
|
of higher education. The information provided must include |
|
|
information regarding: |
|
|
(1) higher education options available to students; |
|
|
(2) standard admission requirements for institutions |
|
|
of higher education, including: |
|
|
(A) overall high school grade point average; |
|
|
(B) required curriculum; |
|
|
(C) college readiness standards and expectations |
|
|
as determined under Section 28.008; and |
|
|
(D) scores necessary on generally recognized |
|
|
tests or assessment instruments used in admissions determinations, |
|
|
including the Scholastic Assessment Test and the American College |
|
|
Test; |
|
|
(3) automatic admission of certain students to general |
|
|
academic teaching institutions as provided by Section 51.803; and |
|
|
(4) financial aid availability and requirements, |
|
|
including the financial aid information provided by school |
|
|
counselors under Section 33.007(b). |
|
|
SECTION 24. Section 30.024(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) In this section, "teacher" means a principal, |
|
|
supervisor, classroom teacher, school counselor, or other |
|
|
full-time professional employee who is required to hold a |
|
|
certificate issued under Subchapter B, Chapter 21, except the term |
|
|
does not include a superintendent or any employee who does not |
|
|
provide direct and regular services to students at the school. |
|
|
SECTION 25. Section 30.055(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) In this section, "teacher" means a principal, |
|
|
supervisor, classroom teacher, school counselor, or other |
|
|
full-time professional employee who is required to hold a |
|
|
certificate issued under Subchapter B, Chapter 21, except the term |
|
|
does not include a superintendent. |
|
|
SECTION 26. Section 30.102(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) A classroom teacher, full-time librarian, full-time |
|
|
school counselor certified under Subchapter B, Chapter 21, or |
|
|
full-time school nurse employed by the commission is entitled to |
|
|
receive as a minimum salary the monthly salary specified by Section |
|
|
21.402. A classroom teacher, full-time librarian, full-time school |
|
|
counselor, or full-time school nurse may be paid, from funds |
|
|
appropriated to the commission, a salary in excess of the minimum |
|
|
specified by that section, but the salary may not exceed the rate of |
|
|
pay for a similar position in the public schools of an adjacent |
|
|
school district. |
|
|
SECTION 27. The heading to Section 33.002, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 33.002. CERTIFIED SCHOOL COUNSELOR. |
|
|
SECTION 28. Sections 33.002(b) and (c), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) A school district with 500 or more students enrolled in |
|
|
elementary school grades shall employ a school counselor certified |
|
|
under the rules of the State Board for Educator Certification for |
|
|
each elementary school in the district. A school district shall |
|
|
employ at least one school counselor for every 500 elementary |
|
|
school students in the district. |
|
|
(c) A school district with fewer than 500 students enrolled |
|
|
in elementary school grades shall provide guidance and counseling |
|
|
services to elementary school students by: |
|
|
(1) employing a part-time school counselor certified |
|
|
under the rules of the State Board for Educator Certification; |
|
|
(2) employing a part-time teacher certified as a |
|
|
school counselor under the rules of the State Board for Educator |
|
|
Certification; or |
|
|
(3) entering into a shared services arrangement |
|
|
agreement with one or more school districts to share a school |
|
|
counselor certified under the rules of the State Board for Educator |
|
|
Certification. |
|
|
SECTION 29. Section 33.005, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING |
|
|
PROGRAMS. A school counselor shall work with the school faculty and |
|
|
staff, students, parents, and the community to plan, implement, and |
|
|
evaluate a developmental guidance and counseling program. The |
|
|
school counselor shall design the program to include: |
|
|
(1) a guidance curriculum to help students develop |
|
|
their full educational potential, including the student's |
|
|
interests and career objectives; |
|
|
(2) a responsive services component to intervene on |
|
|
behalf of any student whose immediate personal concerns or problems |
|
|
put the student's continued educational, career, personal, or |
|
|
social development at risk; |
|
|
(3) an individual planning system to guide a student |
|
|
as the student plans, monitors, and manages the student's own |
|
|
educational, career, personal, and social development; and |
|
|
(4) system support to support the efforts of teachers, |
|
|
staff, parents, and other members of the community in promoting the |
|
|
educational, career, personal, and social development of students. |
|
|
SECTION 30. The heading to Section 33.006, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 33.006. SCHOOL COUNSELORS; GENERAL DUTIES. |
|
|
SECTION 31. Section 33.006(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) In addition to a school counselor's responsibility |
|
|
under Subsection (a), the school counselor shall: |
|
|
(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. |
|
|
SECTION 32. Sections 33.007(a) and (b), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) Each school counselor at an elementary, middle, or |
|
|
junior high school, including an open-enrollment charter school |
|
|
offering those grades, shall advise students and their parents or |
|
|
guardians regarding the importance of higher education, coursework |
|
|
designed to prepare students for higher education, and financial |
|
|
aid availability and requirements. |
|
|
(b) During the first school year a student is enrolled in a |
|
|
high school or at the high school level in an open-enrollment |
|
|
charter school, and again during a student's senior year, a school |
|
|
counselor shall provide information about higher education to the |
|
|
student and the student's parent or guardian. The information must |
|
|
include information regarding: |
|
|
(1) the importance of higher education; |
|
|
(2) the advantages of completing the recommended or |
|
|
advanced high school program adopted under Section 28.025(a); |
|
|
(3) the disadvantages of taking courses to prepare for |
|
|
a high school equivalency examination relative to the benefits of |
|
|
taking courses leading to a high school diploma; |
|
|
(4) financial aid eligibility; |
|
|
(5) instruction on how to apply for federal financial |
|
|
aid; |
|
|
(6) the center for financial aid information |
|
|
established under Section 61.0776; |
|
|
(7) the automatic admission of certain students to |
|
|
general academic teaching institutions as provided by Section |
|
|
51.803; |
|
|
(8) the eligibility and academic performance |
|
|
requirements for the TEXAS Grant as provided by Subchapter M, |
|
|
Chapter 56; and |
|
|
(9) the availability of programs in the district under |
|
|
which a student may earn college credit, including advanced |
|
|
placement programs, dual credit programs, joint high school and |
|
|
college credit programs, and international baccalaureate programs. |
|
|
SECTION 33. Section 37.306(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) At the end of the first semester of a student's |
|
|
placement in an alternative education program under Section 37.304 |
|
|
or 37.305, the school district board of trustees shall convene a |
|
|
committee to review the student's placement in the alternative |
|
|
education program. The committee must be composed of: |
|
|
(1) a classroom teacher from the campus to which the |
|
|
student would be assigned were the student not placed in an |
|
|
alternative education program; |
|
|
(2) the student's parole or probation officer or, in |
|
|
the case of a student who does not have a parole or probation |
|
|
officer, a representative of the local juvenile probation |
|
|
department; |
|
|
(3) an instructor from the alternative education |
|
|
program to which the student is assigned; |
|
|
(4) a school district designee selected by the board |
|
|
of trustees; and |
|
|
(5) a school counselor employed by the school |
|
|
district. |
|
|
SECTION 34. Section 38.0041(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) The methods under Subsection (b)(1) for increasing |
|
|
awareness of issues regarding sexual abuse and other maltreatment |
|
|
of children must include training, as provided by this subsection, |
|
|
concerning prevention techniques for and recognition of sexual |
|
|
abuse and all other maltreatment of children. The training: |
|
|
(1) must be provided, as part of a new employee |
|
|
orientation, to new school district and open-enrollment charter |
|
|
school educators, including school counselors and coaches, and |
|
|
other district and charter school professional staff members; |
|
|
(2) may be provided annually to any district or |
|
|
charter school staff member; and |
|
|
(3) must include training concerning: |
|
|
(A) factors indicating a child is at risk for |
|
|
sexual abuse or other maltreatment; |
|
|
(B) likely warning signs indicating a child may |
|
|
be a victim of sexual abuse or other maltreatment; |
|
|
(C) internal procedures for seeking assistance |
|
|
for a child who is at risk for sexual abuse or other maltreatment, |
|
|
including referral to a school counselor, a social worker, or |
|
|
another mental health professional; |
|
|
(D) techniques for reducing a child's risk of |
|
|
sexual abuse or other maltreatment; and |
|
|
(E) community organizations that have relevant |
|
|
existing research-based programs that are able to provide training |
|
|
or other education for school district or open-enrollment charter |
|
|
school staff members, students, and parents. |
|
|
SECTION 35. Section 51.9355(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The governing board of each general academic teaching |
|
|
institution shall establish an office at the institution to assist |
|
|
applicants, potential applicants, [high] school [guidance] |
|
|
counselors at the high school level, and other interested persons |
|
|
requesting assistance relating to: |
|
|
(1) applying for admission to a bachelor's degree |
|
|
program at the institution; |
|
|
(2) applying for financial aid offered by or through |
|
|
the institution or by an office or agency of this state or the |
|
|
United States for attendance as an undergraduate student at the |
|
|
institution; |
|
|
(3) registering for an examination to be taken in |
|
|
connection with admission to a bachelor's degree program at the |
|
|
institution; or |
|
|
(4) registering for an examination that may be taken |
|
|
to receive undergraduate course credit at the institution or to |
|
|
determine the skill or placement level of an applicant to or student |
|
|
enrolled in a bachelor's degree program at the institution. |
|
|
SECTION 36. Section 56.308(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) Each school district shall: |
|
|
(1) notify its middle school students, junior high |
|
|
school students, and high school students, those students' teachers |
|
|
and school counselors, and those students' parents of the TEXAS |
|
|
grant and Teach for Texas grant programs, the eligibility |
|
|
requirements of each program, the need for students to make |
|
|
informed curriculum choices to be prepared for success beyond high |
|
|
school, and sources of information on higher education admissions |
|
|
and financial aid in a manner that assists the district in |
|
|
implementing a strategy adopted by the district under Section |
|
|
11.252(a)(4); and |
|
|
(2) ensure that each student's official transcript or |
|
|
diploma indicates whether the student has completed or is on |
|
|
schedule to complete: |
|
|
(A) the recommended or advanced high school |
|
|
curriculum required for grant eligibility under Section 28.002 or |
|
|
28.025; or |
|
|
(B) for a school district covered by Section |
|
|
56.304(f)(1), the required portion of the recommended or advanced |
|
|
high school curriculum in the manner described by Section |
|
|
56.304(f)(2). |
|
|
SECTION 37. Section 56.460(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) Each school district shall notify its middle school |
|
|
students, junior high school students, and high school students, |
|
|
those students' teachers and school counselors, and those students' |
|
|
parents or guardians of the Texas B-On-time loan program and the |
|
|
eligibility requirements of the program. |
|
|
SECTION 38. Sections 61.806(c) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) An eligible entity must make application to the board to |
|
|
receive financial assistance under this subchapter. An application |
|
|
must demonstrate that the program contains the following elements: |
|
|
(1) involvement of public school officials, teachers, |
|
|
and school counselors in identifying and selecting students in |
|
|
elementary school for participation in the partnership program |
|
|
during the elementary and secondary school grades; |
|
|
(2) criteria for the selection of program participants |
|
|
that include consideration of: |
|
|
(A) whether the student has a high risk of |
|
|
dropping out of school as measured by academic performance, |
|
|
attendance, discipline problems, and other factors affecting |
|
|
school performance, including teenage pregnancy or parenting, |
|
|
substance abuse, child abuse or neglect, or limited English |
|
|
proficiency; and |
|
|
(B) whether the student is a low-income student |
|
|
as defined by board rule; |
|
|
(3) academic and counseling support services for |
|
|
program participants; |
|
|
(4) involvement of parents and community volunteers to |
|
|
the extent possible; and |
|
|
(5) an evaluation component that includes follow-up |
|
|
relating to the academic performance of program participants during |
|
|
secondary school and the program participants' plans concerning |
|
|
college attendance. |
|
|
(d) If financial assistance is awarded to an eligible entity |
|
|
that is not a school district, the application must include a |
|
|
description of the frequency and manner of involvement of the |
|
|
public schools and school personnel, especially teachers and school |
|
|
counselors, with the partnership program. |
|
|
SECTION 39. Section 61.855(d), Education Code, is amended |
|
|
to read as follows: |
|
|
(d) A tech-prep program must: |
|
|
(1) be implemented under an articulation agreement |
|
|
between the participants in the consortium; |
|
|
(2) consist of two to four years of secondary school |
|
|
preceding graduation and: |
|
|
(A) two or more years of higher education; or |
|
|
(B) two or more years of apprenticeship following |
|
|
secondary instruction; |
|
|
(3) have a common core of required proficiency based |
|
|
on the recommended high school program adopted by the State Board of |
|
|
Education under Section 28.025(a), with proficiencies in |
|
|
mathematics, science, reading, writing, communications, and |
|
|
technologies designed to lead to an associate's degree or |
|
|
postsecondary certificate in a specific career field; |
|
|
(4) include the development of tech-prep program |
|
|
curricula for both secondary and postsecondary participants in the |
|
|
consortium that: |
|
|
(A) meets academic standards developed by the |
|
|
state; |
|
|
(B) links secondary schools and two-year |
|
|
postsecondary institutions, and, if practicable, four-year |
|
|
institutions of higher education through nonduplicative sequences |
|
|
of courses in career fields, including the investigation of |
|
|
opportunities for tech-prep students to enroll concurrently in |
|
|
secondary and postsecondary course work; |
|
|
(C) uses, if appropriate and available, |
|
|
work-based or worksite learning in conjunction with business and |
|
|
all aspects of an industry; and |
|
|
(D) uses educational technology and distance |
|
|
learning, as appropriate, to involve each consortium participant |
|
|
more fully in the development and operation of programs; |
|
|
(5) include in-service training for teachers that: |
|
|
(A) is designed to train vocational and technical |
|
|
teachers to effectively implement tech-prep programs; |
|
|
(B) provides for joint training for teachers in |
|
|
the tech-prep consortium; |
|
|
(C) is designed to ensure that teachers and |
|
|
administrators stay current with the needs, expectations, and |
|
|
methods of business and of all aspects of an industry; |
|
|
(D) focuses on training postsecondary education |
|
|
faculty in the use of contextual and applied curricula and |
|
|
instruction; and |
|
|
(E) provides training in the use and application |
|
|
of technology; |
|
|
(6) include training programs for school counselors |
|
|
designed to enable school counselors to more effectively: |
|
|
(A) provide information to students regarding |
|
|
tech-prep programs; |
|
|
(B) support student progress in completing |
|
|
tech-prep programs; |
|
|
(C) provide information on related employment |
|
|
opportunities; |
|
|
(D) ensure that tech-prep students are placed in |
|
|
appropriate employment; and |
|
|
(E) stay current with the needs, expectations, |
|
|
and methods of business and of all aspects of an industry; |
|
|
(7) provide equal access to the full range of |
|
|
tech-prep programs for individuals who are members of special |
|
|
populations, including by the development of tech-prep program |
|
|
services appropriate to the needs of special populations; and |
|
|
(8) provide for preparatory services that assist |
|
|
participants in tech-prep programs. |
|
|
SECTION 40. Section 503.051, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 503.051. COUNSELING FOR GOVERNMENT OR EDUCATIONAL |
|
|
INSTITUTION. This chapter does not apply to an activity, service, |
|
|
or use of an official title by a person employed as a counselor by a |
|
|
federal, state, county, or municipal agency or, except as provided |
|
|
by Section 21.003(b), Education Code, by a public or private |
|
|
educational institution if the person is performing counseling or |
|
|
counseling-related activities within the scope of the person's |
|
|
employment. |
|
|
SECTION 41. 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, 2013. |
