Tex. Educ. Code Section 33.006
School Counselors; General Duties


(a)

The primary responsibility of a school counselor is to counsel students to fully develop each student’s academic, career, personal, and social abilities.

(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;

(6)

deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school’s guidance curriculum; and

(7)

serve as an impartial, nonreporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying under Section 37.0832 (Bullying Prevention Policies and Procedures).

(c)

Nothing in Subsection (b)(7) exempts a school counselor from any mandatory reporting requirements imposed by other provisions of law.

(d)

Except as provided by Subsection (e), the board of trustees of each school district shall adopt a policy that requires a school counselor to spend at least 80 percent of the school counselor’s total work time on duties that are components of a counseling program developed under Section 33.005 (Comprehensive School Counseling Programs). 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. 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.

(e)

If the board of trustees of a school district determines that, because of staffing needs in the district or at a school in the district, a school counselor must spend less than 80 percent of the school counselor’s total work time on duties that are components of a counseling program developed under Section 33.005 (Comprehensive School Counseling Programs), the policy adopted under Subsection (d) shall:

(1)

include the reasons why the counselor needs to spend less than 80 percent of the counselor’s work time on duties that are components of the counseling program;

(2)

list the duties the counselor is expected to perform that are not components of the counseling program; and

(3)

set the percentage of work time that the counselor is required to spend on components of the counseling program.

(f)

A school district may not include a provision in an employment contract with a school counselor under Chapter 21 (Educators) that conflicts with the policy required by Subsection (d) or, except as provided by Subsection (g), 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 function.

(g)

A school district to which Subsection (e) applies may not include a provision in an employment contract under Chapter 21 (Educators) with an affected school counselor that has the effect of requiring the counselor to generally perform a duty that is not primarily related to a counseling function unless the duty is specified in the district’s policy under Subsection (e)(2).

(h)

Each school district shall annually assess the district’s compliance with the policy adopted under Subsection (d) and, on request by the commissioner, provide a written copy of the assessment to the agency on or before the date specified by the commissioner. The commissioner shall adopt rules to implement this subsection.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1487, Sec. 3, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 30, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 31, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 10, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 938 (S.B. 179), Sec. 1, eff. September 1, 2021.

Source: Section 33.006 — School Counselors; General Duties, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­33.­htm#33.­006 (accessed Jun. 5, 2024).

33.002
Certified School Counselor
33.003
Parental Consent
33.004
Parental Involvement
33.005
Comprehensive School Counseling Programs
33.006
School Counselors
33.007
Counseling Regarding Postsecondary Education
33.009
Postsecondary Education and Career Counseling Academies
33.021
Library Standards
33.022
Contract with County or Municipality
33.051
Definitions
33.052
Missing Child Prevention and Identification Programs
33.053
Fingerprints of Children
33.054
Photographs of Children
33.055
Fingerprints and Photographs Not Used as Evidence
33.056
Liability for Nonperformance
33.057
Destruction of Fingerprints and Photographs
33.081
Extracurricular Activities
33.082
Extracurricular Activities
33.083
Interscholastic Leagues
33.084
Interscholastic League Advisory Council
33.085
Authority of University Interscholastic League Regarding Activities Involving Sports Officials
33.086
Certification in Cardiopulmonary Resuscitation and First Aid
33.087
Eligibility of Students Participating in Joint Credit or Concurrent Enrollment Programs
33.091
Prevention of Illegal Steroid Use
33.092
Student Election Clerks and Early Voting Clerks
33.093
Recognition of Participation in Special Olympics
33.094
Football Helmet Safety Requirements
33.096
Cardiac Assessments of High School Participants in Extracurricular Athletic Activities
33.097
Inclusive Sports Program for Students with Intellectual Disabilities
33.099
Safety of Official
33.151
Definitions
33.152
Statewide Operation of Program
33.154
Duties of Commissioner
33.155
Cooperation with Communities in Schools, Inc
33.156
Funding
33.157
Participation in Program
33.158
Donations to Program
33.159
Agency Performance of Communities in Schools Functions Required
33.201
Applicability
33.202
Safety Training Required
33.203
Completion of University Interscholastic League Forms
33.204
Certain Unsafe Athletic Activities Prohibited
33.205
Certain Safety Precautions Required
33.206
Compliance
33.207
Contact Information
33.208
Notice Required
33.209
Incorporation of Safety Regulations
33.210
Immunity from Liability
33.211
Limitation on Liability
33.251
Definition
33.252
Expanded Learning Opportunities
33.253
Establishment
33.254
Sunset Provision
33.255
Composition
33.256
Meetings
33.257
Compensation
33.258
Powers and Duties
33.259
Statewide Expanded Learning Opportunities Plan
33.260
Gifts, Grants, and Donations
33.0531
Child Identification Program
33.0811
School District Policy on Absences to Participate in Extracurricular Activities
33.0812
Scheduling Extracurricular Activities Prohibited in Certain Circumstances
33.0831
University Interscholastic League Rules: Fiscal Impact Statement
33.0832
Equal Opportunity for Certain Students to Participate in University Interscholastic League Activities
33.0833
Participation in University Interscholastic League Activities by Students Receiving Outpatient Mental Health Services
33.0834
Interscholastic Athletic Competition Based on Biological Sex
33.901
Breakfast Programs
33.902
Public School Child Care
33.903
Community Education Child Care Services
33.904
Liaison for Certain Children in Conservatorship of State
33.906
Website Information Concerning Local Programs and Services Available to Assist Homeless Students
33.907
Donation of Food
33.908
Grace Period Policy for Exhausted or Insufficient Meal Card or Account Balance
33.909
Purple Star Campus
33.913
Tutoring Program
33.9031
Before-school and After-school Programs

Accessed:
Jun. 5, 2024

§ 33.006’s source at texas​.gov