Bill Text: FL S0154 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Certified School Counselors
Spectrum:
Status: (Introduced - Dead) 2013-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 801 (Ch. 2013-89) [S0154 Detail]
Download: Florida-2013-S0154-Introduced.html
Bill Title: Certified School Counselors
Spectrum:
Status: (Introduced - Dead) 2013-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 801 (Ch. 2013-89) [S0154 Detail]
Download: Florida-2013-S0154-Introduced.html
Florida Senate - 2013 SB 154
By Senator Detert
28-00128B-13 2013154__
1 A bill to be entitled
2 An act relating to certified school counselors;
3 requiring each school district to have an overall
4 ratio of at least one certified school counselor for a
5 specified number of students; requiring each
6 elementary, middle, and high school within the school
7 district to have a specified minimum ratio of
8 certified school counselors to students; requiring
9 each school to have a minimum of one full-time
10 certified school counselor and assign additional half
11 time or full-time certified school counselors only
12 after reaching the maximum ratio; requiring each
13 school district to include the ratio of certified
14 school counselors to students in its annual audit and
15 to adopt rules; providing the duties of certified
16 school counselors; amending ss. 322.091, 381.0057,
17 1002.3105, 1003.21, 1003.43, 1003.491, 1004.04,
18 1006.025, 1007.35, 1008.42, 1009.53, 1012.71, and
19 1012.98, F.S.; revising provisions to conform to
20 changes made by the act; amending s. 1012.01, F.S.;
21 prohibiting certified school counselors from being
22 used as support staff for administrative duties;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Certified school counselors in public schools;
28 duties.—
29 (1)(a) Each school district shall have an overall ratio of
30 at least one certified school counselor for every 300 students,
31 with each elementary school having at least one certified school
32 counselor for every 350 students, each middle school having at
33 least one certified school counselor for every 300 students, and
34 each high school having at least one certified school counselor
35 for every 250 students.
36 (b) Each school shall have a minimum of one full-time
37 certified school counselor and shall assign additional half-time
38 or full-time certified school counselors only after reaching the
39 overall ratio provided in paragraph (a).
40 (c) Each school district shall include the ratio of
41 certified school counselors to students in its annual audit and
42 shall adopt rules outlining the duties of certified school
43 counselors which are commensurate with their training and
44 certification and pursuant to the requirements in s.
45 1012.01(2)(b), Florida Statutes.
46 (2) Each certified school counselor shall provide
47 counseling to students; develop and deliver curriculum at the
48 appropriate grade level; coordinate activities and programs for
49 each curriculum; and consult with school administrators,
50 teachers, parents, and students.
51 Section 2. Paragraph (b) of subsection (3) of section
52 322.091, Florida Statutes, is amended to read:
53 322.091 Attendance requirements.—
54 (3) HARDSHIP WAIVER AND APPEAL.—
55 (b) The public school principal, the principal’s designee,
56 or the designee of the governing body of a private school shall
57 waive the requirements of subsection (1) for any minor under the
58 school’s jurisdiction for whom a personal or family hardship
59 requires that the minor have a driver’s license for his or her
60 own, or his or her family’s, employment or medical care. The
61 minor or the minor’s parent or guardian may present other
62 evidence that indicates compliance with the requirements of
63 subsection (1) at the waiver hearing. The public school
64 principal, the principal’s designee, or the designee of the
65 governing body of a private school shall consider take into
66 consideration the recommendations of teachers, other school
67 officials, certified school guidance counselors, or academic
68 advisers before waiving the requirements of subsection (1).
69 Section 3. Paragraph (b) of subsection (3) of section
70 381.0057, Florida Statutes, is amended to read:
71 381.0057 Funding for school health services.—
72 (3) Any school district, school, or laboratory school which
73 desires to receive state funding under the provisions of this
74 section shall submit a proposal to the joint committee
75 established in subsection (2). The proposal shall state the
76 goals of the program, provide specific plans for reducing
77 teenage pregnancy, and describe all of the health services to be
78 available to students with funds provided pursuant to this
79 section, including a combination of initiatives such as health
80 education, counseling, extracurricular, and self-esteem
81 components. School health services shall not promote elective
82 termination of pregnancy as a part of counseling services. Only
83 those program proposals which have been developed jointly by
84 county health departments and local school districts or schools,
85 and which have community and parental support, shall be eligible
86 for funding. Funding shall be available specifically for
87 implementation of one of the following programs:
88 (b) Student support services team program.—The program
89 shall include a multidisciplinary team composed of a
90 psychologist, social worker, and nurse whose responsibilities
91 are to provide basic support services and to assist, in the
92 school setting, children who exhibit mild to severely complex
93 health, behavioral, or learning problems affecting their school
94 performance. Support services shall include, but not be limited
95 to: evaluation and treatment for minor illnesses and injuries,
96 referral and followup for serious illnesses and emergencies,
97 onsite care and consultation, referral to a physician, and
98 followup care for pregnancy or chronic diseases and disorders as
99 well as emotional or mental problems. Services also shall
100 include referral care for drug and alcohol abuse and sexually
101 transmitted diseases, sports and employment physicals,
102 immunizations, and in addition, effective preventive services
103 aimed at delaying early sexual involvement and aimed at
104 pregnancy, acquired immune deficiency syndrome, sexually
105 transmitted diseases, and destructive lifestyle conditions, such
106 as alcohol and drug abuse. Moneys for this program shall be used
107 to fund three teams, each consisting of one half-time
108 psychologist, one full-time nurse, and one full-time social
109 worker. Each team shall provide student support services to an
110 elementary school, middle school, and high school that are a
111 part of one feeder school system and shall coordinate all
112 activities with the school administrator and certified school
113 guidance counselor at each school. A program that which places
114 all three teams in middle schools or high schools may also be
115 proposed.
116
117 Funding may also be available for any other program that is
118 comparable to a program described in this subsection but is
119 designed to meet the particular needs of the community.
120 Section 4. Paragraph (e) of subsection (3) of section
121 1002.3105, Florida Statutes, is amended to read:
122 1002.3105 Academically Challenging Curriculum to Enhance
123 Learning (ACCEL) options.—
124 (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
125 student eligibility requirements, principals and school
126 districts must consider, at a minimum:
127 (e) A recommendation from a certified school guidance
128 counselor if one is assigned to the school in which the student
129 is enrolled.
130 Section 5. Paragraph (c) of subsection (1) of section
131 1003.21, Florida Statutes, is amended to read:
132 1003.21 School attendance.—
133 (1)
134 (c) A student who attains the age of 16 years during the
135 school year is not subject to compulsory school attendance
136 beyond the date upon which he or she attains that age if the
137 student files a formal declaration of intent to terminate school
138 enrollment with the district school board. Public school
139 students who have attained the age of 16 years and who have not
140 graduated are subject to compulsory school attendance until the
141 formal declaration of intent is filed with the district school
142 board. The declaration must acknowledge that terminating school
143 enrollment is likely to reduce the student’s earning potential
144 and must be signed by the student and the student’s parent. The
145 school district shall must notify the student’s parent of
146 receipt of the student’s declaration of intent to terminate
147 school enrollment. The student’s certified school guidance
148 counselor or other school personnel shall must conduct an exit
149 interview with the student to determine the reasons for the
150 student’s decision to terminate school enrollment and actions
151 that could be taken to keep the student in school. The student’s
152 certified school counselor or other school personnel shall
153 inform the student must be informed of opportunities to continue
154 his or her education in a different environment, including, but
155 not limited to, adult education and GED test preparation.
156 Additionally, the student shall must complete a survey in a
157 format prescribed by the Department of Education to provide data
158 on student reasons for terminating enrollment and actions taken
159 by schools to keep students enrolled.
160 Section 6. Paragraph (d) of subsection (7) of section
161 1003.43, Florida Statutes, is amended to read:
162 1003.43 General requirements for high school graduation.—
163 (7) No student may be granted credit toward high school
164 graduation for enrollment in the following courses or programs:
165 (d) Any Level I course unless the student’s assessment
166 indicates that a more rigorous course of study would be
167 inappropriate, in which case a written assessment of the need
168 must be included in the student’s individual educational plan or
169 in a student performance plan, signed by the principal, the
170 certified school guidance counselor, and the parent of the
171 student, or the student if the student is 18 years of age or
172 older.
173 Section 7. Subsection (3) and paragraph (a) of subsection
174 (4) of section 1003.491, Florida Statutes, are amended to read:
175 1003.491 Florida Career and Professional Education Act.—The
176 Florida Career and Professional Education Act is created to
177 provide a statewide planning partnership between the business
178 and education communities in order to attract, expand, and
179 retain targeted, high-value industry and to sustain a strong,
180 knowledge-based economy.
181 (3) The strategic 3-year plan developed jointly by the
182 local school district, regional workforce boards, economic
183 development agencies, and state-approved postsecondary
184 institutions shall be constructed and based on:
185 (a) Research conducted to objectively determine local and
186 regional workforce needs for the ensuing 3 years, using labor
187 projections of the United States Department of Labor and the
188 Department of Economic Opportunity;
189 (b) Strategies to develop and implement career academies or
190 career-themed courses based on those careers determined to be
191 high-wage, high-skill, and high-demand;
192 (c) Strategies to provide shared, maximum use of private
193 sector facilities and personnel;
194 (d) Strategies that ensure instruction by industry
195 certified faculty and standards and strategies to maintain
196 current industry credentials and for recruiting and retaining
197 faculty to meet those standards;
198 (e) Strategies to provide personalized student advisement,
199 including a parent-participation component, and coordination
200 with middle schools to promote and support career-themed courses
201 and education planning as required under s. 1003.4156;
202 (f) Alignment of requirements for middle school career
203 planning under s. 1003.4156(1)(a)5., middle and high school
204 career and professional academies or career-themed courses
205 leading to industry certification or postsecondary credit, and
206 high school graduation requirements;
207 (g) Provisions to ensure that career-themed courses and
208 courses offered through career and professional academies are
209 academically rigorous, meet or exceed appropriate state-adopted
210 subject area standards, result in attainment of industry
211 certification, and, when appropriate, result in postsecondary
212 credit;
213 (h) Plans to sustain and improve career-themed courses and
214 career and professional academies;
215 (i) Strategies to improve the passage rate for industry
216 certification examinations if the rate falls below 50 percent;
217 (j) Strategies to recruit students into career-themed
218 courses and career and professional academies which include
219 opportunities for students who have been unsuccessful in
220 traditional classrooms but who are interested in enrolling in
221 career-themed courses or a career and professional academy.
222 School boards shall provide opportunities for students who may
223 be deemed as potential dropouts to enroll in career-themed
224 courses or participate in career and professional academies;
225 (k) Strategies to provide sufficient space within academies
226 to meet workforce needs and to provide access to all interested
227 and qualified students;
228 (l) Strategies to implement career-themed courses or career
229 and professional academy training that lead to industry
230 certification in juvenile justice education programs;
231 (m) Opportunities for high school students to earn weighted
232 or dual enrollment credit for higher-level career and technical
233 courses;
234 (n) Promotion of the benefits of the Gold Seal Bright
235 Futures Scholarship;
236 (o) Strategies to ensure the review of district pupil
237 progression plans and to amend such plans to include career
238 themed courses and career and professional academy courses and
239 to include courses that may qualify as substitute courses for
240 core graduation requirements and those that may be counted as
241 elective courses;
242 (p) Strategies to provide professional development for
243 secondary certified school guidance counselors on the benefits
244 of career and professional academies and career-themed courses
245 that lead to industry certification; and
246 (q) Strategies to redirect appropriated career funding in
247 secondary and postsecondary institutions to support career
248 academies and career-themed courses that lead to industry
249 certification.
250 (4) The State Board of Education shall establish a process
251 for the continual and uninterrupted review of newly proposed
252 core secondary courses and existing courses requested to be
253 considered as core courses to ensure that sufficient rigor and
254 relevance is provided for workforce skills and postsecondary
255 education and aligned to state curriculum standards.
256 (a) The review of newly proposed core secondary courses
257 shall be the responsibility of a curriculum review committee
258 whose membership is approved by Workforce Florida, Inc., and
259 shall include:
260 1. Three certified high school guidance counselors
261 recommended by the Florida Association of Student Services
262 Administrators.
263 2. Three assistant superintendents for curriculum and
264 instruction, recommended by the Florida Association of District
265 School Superintendents and who serve in districts that operate
266 successful career and professional academies pursuant to s.
267 1003.492 or a successful series of courses that lead to industry
268 certification. Committee members in this category shall employ
269 the expertise of appropriate subject area specialists in the
270 review of proposed courses.
271 3. Three workforce representatives recommended by the
272 Department of Economic Opportunity.
273 4. Three admissions directors of postsecondary institutions
274 accredited by the Southern Association of Colleges and Schools,
275 representing both public and private institutions.
276 5. The Commissioner of Education, or his or her designee,
277 responsible for K-12 curriculum and instruction. The
278 commissioner shall employ the expertise of appropriate subject
279 area specialists in the review of proposed courses.
280 Section 8. Paragraph (f) of subsection (5) of section
281 1004.04, Florida Statutes, is amended to read:
282 1004.04 Public accountability and state approval for
283 teacher preparation programs.—
284 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
285 (4), failure by a public or nonpublic teacher preparation
286 program to meet the criteria for continued program approval
287 shall result in loss of program approval. The Department of
288 Education, in collaboration with the departments and colleges of
289 education, shall develop procedures for continued program
290 approval that document the continuous improvement of program
291 processes and graduates’ performance.
292 (f)1. Each Florida public and private institution that
293 offers a state-approved teacher preparation program must
294 annually report information regarding these programs to the
295 state and the general public. This information shall be reported
296 in a uniform and comprehensible manner that is consistent with
297 definitions and methods approved by the Commissioner of the
298 National Center for Educational Statistics and that is approved
299 by the State Board of Education. This information must include,
300 at a minimum:
301 a. The percent of graduates obtaining full-time teaching
302 employment within the first year of graduation.
303 b. The average length of stay of graduates in their full
304 time teaching positions.
305 c. Satisfaction ratings required in paragraph (e).
306 2. Each public and private institution offering training
307 for school readiness related professions, including training in
308 the fields of child care and early childhood education, whether
309 offering career credit, associate in applied science degree
310 programs, associate in science degree programs, or associate in
311 arts degree programs, shall annually report information
312 regarding these programs to the state and the general public in
313 a uniform and comprehensible manner that conforms with
314 definitions and methods approved by the State Board of
315 Education. This information must include, at a minimum:
316 a. Average length of stay of graduates in their positions.
317 b. Satisfaction ratings of graduates’ employers.
318
319 This information shall be reported through publications,
320 including college and university catalogs and promotional
321 materials sent to potential applicants, certified secondary
322 school guidance counselors, and prospective employers of the
323 institution’s program graduates.
324 Section 9. Paragraphs (a) and (c) of subsection (2) of
325 section 1006.025, Florida Statutes, are amended to read:
326 1006.025 Guidance services.—
327 (2) The guidance report shall include, but not be limited
328 to, the following:
329 (a) Examination of student access to certified school
330 guidance counselors.
331 (c) Evaluation of the information and training available to
332 certified school guidance counselors and career specialists to
333 advise students on areas of critical need, labor market trends,
334 and technical training requirements.
335 Section 10. Paragraph (a) of subsection (5) of section
336 1007.35, Florida Statutes, is amended to read:
337 1007.35 Florida Partnership for Minority and
338 Underrepresented Student Achievement.—
339 (5) Each public high school, including, but not limited to,
340 schools and alternative sites and centers of the Department of
341 Juvenile Justice, shall provide for the administration of the
342 Preliminary SAT/National Merit Scholarship Qualifying Test
343 (PSAT/NMSQT), or Preliminary ACT (PLAN) to all enrolled 10th
344 grade students. However, a written notice shall be provided to
345 each parent that shall include the opportunity to exempt his or
346 her child from taking the PSAT/NMSQT or PLAN.
347 (a) Test results will provide each high school with a
348 database of student assessment data which certified school
349 guidance counselors will use to identify students who are
350 prepared or who need additional work to be prepared to enroll
351 and be successful in AP courses or other advanced high school
352 courses.
353 Section 11. Paragraph (b) of subsection (2) of section
354 1008.42, Florida Statutes, is amended to read:
355 1008.42 Public information on career education programs.—
356 (2) The dissemination shall be conducted in accordance with
357 the following procedures:
358 (b)1. Each district school board shall publish, at a
359 minimum, the most recently available placement rate for each
360 career certificate program conducted by that school district at
361 the secondary school level and at the career degree level. The
362 placement rates for the preceding 3 years shall be published, if
363 available, shall be included in each publication that informs
364 the public of the availability of the program, and shall be made
365 available to each certified school guidance counselor. If a
366 program does not have a placement rate, a publication that lists
367 or describes that program must state that the rate is
368 unavailable.
369 2. Each Florida College System institution shall publish,
370 at a minimum, the most recent placement rate for each career
371 certificate program and for each career degree program in its
372 annual catalog. The placement rates for the preceding 3 years
373 shall be published, if available, and shall be included in any
374 publication that informs the public of the availability of the
375 program. If a program does not have a placement rate, the
376 publication that lists or describes that program must state that
377 the rate is unavailable.
378 3. If a school district or a Florida College System
379 institution has calculated for a program a placement rate that
380 differs from the rate reported by the department, and if each
381 record of a placement was obtained through a process that was
382 capable of being audited, procedurally sound, and consistent
383 statewide, the district or the Florida College System
384 institution may use the locally calculated placement rate in the
385 report required by this section. However, that rate may not be
386 combined with the rate maintained in the computer files of the
387 Department of Education’s Florida Education and Training
388 Placement Information Program.
389 4. An independent career, trade, or business school may not
390 publish a placement rate unless the placement rate was
391 determined as provided by this section.
392 Section 12. Subsection (3) of section 1009.53, Florida
393 Statutes, is amended to read:
394 1009.53 Florida Bright Futures Scholarship Program.—
395 (3) The Department of Education shall administer the Bright
396 Futures Scholarship Program according to rules and procedures
397 established by the State Board of Education. A single
398 application must be sufficient for a student to apply for any of
399 the three types of awards. The department shall must advertise
400 the availability of the scholarship program and shall must
401 notify students, teachers, parents, certified school guidance
402 counselors, and principals or other relevant school
403 administrators of the criteria and application procedures. The
404 department must begin this process of notification no later than
405 January 1 of each year.
406 Section 13. Paragraph (b) of subsection (2) of section
407 1012.01, Florida Statutes, is amended to read:
408 1012.01 Definitions.—As used in this chapter, the following
409 terms have the following meanings:
410 (2) INSTRUCTIONAL PERSONNEL.—“Instructional personnel”
411 means any K-12 staff member whose function includes the
412 provision of direct instructional services to students.
413 Instructional personnel also includes K-12 personnel whose
414 functions provide direct support in the learning process of
415 students. Included in the classification of instructional
416 personnel are the following K-12 personnel:
417 (b) Student personnel services.—Student personnel services
418 include staff members responsible for: advising students with
419 regard to their abilities and aptitudes, educational and
420 occupational opportunities, and personal and social adjustments;
421 providing placement services; performing educational
422 evaluations; and similar functions. Included in this
423 classification are certified school guidance counselors, social
424 workers, career specialists, and school psychologists. Certified
425 school counselors shall perform only the duties and functions as
426 provided by law and may not be used as support staff for
427 administrative duties, including, but not limited to,
428 coordinating, administering, or monitoring academic testing and
429 testing programs, working bus or cafeteria lines, or substitute
430 teaching.
431 Section 14. Subsection (1) of section 1012.71, Florida
432 Statutes, is amended to read:
433 1012.71 The Florida Teachers Lead Program.—
434 (1) For purposes of the Florida Teachers Lead Program, the
435 term “classroom teacher” means a certified teacher employed by a
436 public school district or a public charter school in that
437 district on or before September 1 of each year whose full-time
438 or job-share responsibility is the classroom instruction of
439 students in prekindergarten through grade 12, including full
440 time media specialists and certified school guidance counselors
441 serving students in prekindergarten through grade 12, who are
442 funded through the Florida Education Finance Program. A “job
443 share” classroom teacher is one of two teachers whose combined
444 full-time equivalent employment for the same teaching assignment
445 equals one full-time classroom teacher.
446 Section 15. Paragraph (a) of subsection (3) of section
447 1012.98, Florida Statutes, is amended to read:
448 1012.98 School Community Professional Development Act.—
449 (3) The activities designed to implement this section must:
450 (a) Support and increase the success of educators through
451 collaboratively developed school improvement plans that focus
452 on:
453 1. Enhanced and differentiated instructional strategies to
454 engage students in a rigorous and relevant curriculum based on
455 state and local educational standards, goals, and initiatives;
456 2. Increased opportunities to provide meaningful
457 relationships between teachers and all students; and
458 3. Increased opportunities for professional collaboration
459 among and between teachers, certified school guidance
460 counselors, instructional leaders, postsecondary educators
461 engaged in preservice training for new teachers, and the
462 workforce community.
463 Section 16. This act shall take effect July 1, 2013.
