By: Garcia, et al. S.B. No. 196
 
  (Coleman)
 
   
 
 
A BILL TO BE ENTITLED
 
  relating to a notification requirement if a public school,
  including an open-enrollment charter school, does not have a nurse,
  school counselor, or librarian assigned to the school during all
  instructional hours.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 25, Education Code, is
  amended by adding Section 25.097 to read as follows:
         Sec. 25.097.  PARENTAL NOTIFICATION CONCERNING NURSES,
  SCHOOL COUNSELORS, AND LIBRARIANS. (a)  In this section:
               (1)  "Librarian" means a person certified as a
  librarian under Subchapter B, Chapter 21.
               (2)  "Nurse" means a person licensed under Chapter 301,
  Occupations Code.
               (3)  "School counselor" means a person certified as a
  school counselor under Subchapter B, Chapter 21.
         (b)  A public school, including an open-enrollment charter
  school, that does not have a full-time nurse, school counselor, or
  librarian or the equivalent of a full-time nurse, school counselor,
  or librarian assigned to be present at the school for more than 30
  consecutive instructional days during the same school year shall
  provide written notice of the absence to the parent of or other
  person standing in parental relation to each student enrolled in
  the school.
         (c)  A school has the equivalent of a full-time nurse under
  Subsection (b) if the school has two or more nurses assigned to the
  school and all regular student instructional hours at the campus
  during the regular school day are covered by the assignment of at
  least one nurse.
         (d)  A school has the equivalent of a full-time school
  counselor under Subsection (b) if the school has two or more school
  counselors assigned to the school and all regular student
  instructional hours at the campus during the regular school day are
  covered by the assignment of at least one school counselor.
         (e)  A school has the equivalent of a full-time librarian
  under Subsection (b) if the school has two or more librarians
  assigned to the school and all regular student instructional hours
  at the campus during the regular school day are covered by the
  assignment of at least one librarian.
         (f)  The principal of the school shall provide the notice
  required by Subsection (b) not later than the 30th instructional
  day after the first day the school does not have a full-time nurse,
  school counselor, or librarian assigned to be present at the
  school.
         (g)  The school shall:
               (1)  make a good faith effort to ensure that the notice
  required by this section is provided in a bilingual form to any
  parent or other person standing in parental relation whose primary
  language is not English; and
               (2)  retain a copy of any notice provided under this
  section.
         (h)  A school may satisfy the notice requirement under
  Subsection (f) by posting the notice on the school's Internet
  website.  Notice posted under this subsection must be accessible
  from the home page of the Internet website by use of not more than
  three links.
         SECTION 2.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 3.  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.