85R214 KJE-F     By: Lucio III H.B. No. 181       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 7.028(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 29.001(5), 29.010(a),   39.056(d-1), or 39.057, the agency may monitor compliance with   requirements applicable to a process or program provided by a   school district, campus, program, or school granted charters under   Chapter 12, including the process described by Subchapter F,   Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or   I, Chapter 29, Subchapter A, Chapter 37, or Section 38.003, and the   use of funds provided for such a program under Subchapter C, Chapter   42, only as necessary to ensure:                (1)  compliance with federal law and regulations;                (2)  financial accountability, including compliance   with grant requirements; and                (3)  data integrity for purposes of:                      (A)  the Public Education Information Management   System (PEIMS); and                      (B)  accountability under Chapter 39.          SECTION 3.  Section 39.056, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  Before a monitoring review, the commissioner shall   request that the school district scheduled for the review assess   the district's compliance with the policy adopted under Section   33.006(c) and provide a written copy of the assessment to the agency   on or before the date specified by the commissioner.  As part of   each monitoring review, the agency 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 4.  (a)  Each school district shall implement a   policy adopted under Section 33.006(c), Education Code, as added by   this Act, beginning with the 2017-2018 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 7.028(a), Education Code, as amended by this   Act, and Section 39.056(d-1), Education Code, as added by this Act,   apply beginning with the 2017-2018 school year.          SECTION 5.  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, 2017.