Florida Senate - 2012                                    SB 1654
       
       
       
       By Senator Detert
       
       
       
       
       23-01145A-12                                          20121654__
    1                        A bill to be entitled                      
    2         An act relating to certified school counselors;
    3         requiring that each school district have an overall
    4         ratio of at least one certified school counselor for
    5         every 400 students; requiring that each elementary,
    6         middle, and high school within the school district
    7         have a specified maximum ratio of certified school
    8         counselors to students; requiring that each school
    9         have a full-time certified school counselor and assign
   10         half-time certified school counselors or an additional
   11         full-time certified school counselor only after
   12         reaching the maximum ratio; requiring that each school
   13         district include the ratio of certified school
   14         counselors to students in its annual audit and adopt
   15         rules; providing the duties of certified school
   16         counselors; amending ss. 381.0057, 1003.21, 1003.4156,
   17         1003.43, and 1008.42, F.S.; revising provisions to
   18         conform to changes made by the act; amending s.
   19         1012.01, F.S.; prohibiting certified school counselors
   20         from being used as support staff for administrative
   21         duties; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Certified school counselors in public schools;
   26  duties.—
   27         (1)(a) Each school district shall have an overall ratio of
   28  at least one certified school counselor for every 400 students,
   29  with each elementary school having at least one certified school
   30  counselor for every 450 students, each middle school having at
   31  least one certified school counselor for every 400 students, and
   32  each high school having at least one certified school counselor
   33  for every 350 students.
   34         (b) Each school shall have a full-time certified school
   35  counselor and shall assign half-time certified school counselors
   36  or an additional full-time certified school counselor only after
   37  reaching the maximum ratio as provided in paragraph (a).
   38         (c) Each school district shall include the ratio of
   39  certified school counselors to students in its annual audit and
   40  shall adopt rules outlining the duties of certified school
   41  counselors.
   42         (2) Each certified school counselor shall provide
   43  counseling to students; develop and deliver curriculum at the
   44  appropriate grade level; coordinate activities and programs for
   45  each curriculum; and consult with school administrators,
   46  teachers, parents, and students.
   47         Section 2. Paragraph (b) of subsection (4) of section
   48  381.0057, Florida Statutes, is amended to read:
   49         381.0057 Funding for school health services.—
   50         (4) Any school district, school, or laboratory school which
   51  desires to receive state funding under the provisions of this
   52  section shall submit a proposal to the joint committee
   53  established in subsection (3). The proposal shall state the
   54  goals of the program, provide specific plans for reducing
   55  teenage pregnancy, and describe all of the health services to be
   56  available to students with funds provided pursuant to this
   57  section, including a combination of initiatives such as health
   58  education, counseling, extracurricular, and self-esteem
   59  components. School health services shall not promote elective
   60  termination of pregnancy as a part of counseling services. Only
   61  those program proposals which have been developed jointly by
   62  county health departments and local school districts or schools,
   63  and which have community and parental support, shall be eligible
   64  for funding. Funding shall be available specifically for
   65  implementation of one of the following programs:
   66         (b) Student support services team program.—The program
   67  shall include a multidisciplinary team composed of a
   68  psychologist, social worker, and nurse whose responsibilities
   69  are to provide basic support services and to assist, in the
   70  school setting, children who exhibit mild to severely complex
   71  health, behavioral, or learning problems affecting their school
   72  performance. Support services shall include, but not be limited
   73  to: evaluation and treatment for minor illnesses and injuries,
   74  referral and followup for serious illnesses and emergencies,
   75  onsite care and consultation, referral to a physician, and
   76  followup care for pregnancy or chronic diseases and disorders as
   77  well as emotional or mental problems. Services also shall
   78  include referral care for drug and alcohol abuse and sexually
   79  transmitted diseases, sports and employment physicals,
   80  immunizations, and in addition, effective preventive services
   81  aimed at delaying early sexual involvement and aimed at
   82  pregnancy, acquired immune deficiency syndrome, sexually
   83  transmitted diseases, and destructive lifestyle conditions, such
   84  as alcohol and drug abuse. Moneys for this program shall be used
   85  to fund three teams, each consisting of one half-time
   86  psychologist, one full-time nurse, and one full-time social
   87  worker. Each team shall provide student support services to an
   88  elementary school, middle school, and high school that are a
   89  part of one feeder school system and shall coordinate all
   90  activities with the school administrator and certified school
   91  guidance counselor at each school. A program that which places
   92  all three teams in middle schools or high schools may also be
   93  proposed.
   94  
   95  Funding may also be available for any other program that is
   96  comparable to a program described in this subsection but is
   97  designed to meet the particular needs of the community.
   98         Section 3. Paragraph (c) of subsection (1) of section
   99  1003.21, Florida Statutes, is amended to read:
  100         1003.21 School attendance.—
  101         (1)
  102         (c) A student who attains the age of 16 years during the
  103  school year is not subject to compulsory school attendance
  104  beyond the date upon which he or she attains that age if the
  105  student files a formal declaration of intent to terminate school
  106  enrollment with the district school board. Public school
  107  students who have attained the age of 16 years and who have not
  108  graduated are subject to compulsory school attendance until the
  109  formal declaration of intent is filed with the district school
  110  board. The declaration must acknowledge that terminating school
  111  enrollment is likely to reduce the student’s earning potential
  112  and must be signed by the student and the student’s parent. The
  113  school district must notify the student’s parent of receipt of
  114  the student’s declaration of intent to terminate school
  115  enrollment. The student’s certified school guidance counselor or
  116  other school personnel must conduct an exit interview with the
  117  student to determine the reasons for the student’s decision to
  118  terminate school enrollment and actions that could be taken to
  119  keep the student in school. The student must be informed of
  120  opportunities to continue his or her education in a different
  121  environment, including, but not limited to, adult education and
  122  GED test preparation. Additionally, the student must complete a
  123  survey in a format prescribed by the Department of Education to
  124  provide data on student reasons for terminating enrollment and
  125  actions taken by schools to keep students enrolled.
  126         Section 4. Paragraph (a) of subsection (1) of section
  127  1003.4156, Florida Statutes, is amended to read:
  128         1003.4156 General requirements for middle grades
  129  promotion.—
  130         (1)  Promotion from a school composed of middle grades 6,
  131  7, and 8 requires that:
  132         (a) The student must successfully complete academic courses
  133  as follows:
  134         1. Three middle school or higher courses in English. These
  135  courses shall emphasize literature, composition, and technical
  136  text.
  137         2. Three middle school or higher courses in mathematics.
  138  Each middle school must offer at least one high school level
  139  mathematics course for which students may earn high school
  140  credit. Successful completion of a high school level Algebra I
  141  or geometry course is not contingent upon the student’s
  142  performance on the end-of-course assessment required under s.
  143  1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
  144  school year, to earn high school credit for an Algebra I course,
  145  a middle school student must pass the Algebra I end-of-course
  146  assessment, and beginning with the 2012-2013 school year, to
  147  earn high school credit for a geometry course, a middle school
  148  student must pass the geometry end-of-course assessment.
  149         3. Three middle school or higher courses in social studies,
  150  one semester of which must include the study of state and
  151  federal government and civics education. Beginning with students
  152  entering grade 6 in the 2012-2013 school year, one of these
  153  courses must be at least a one-semester civics education course
  154  that a student successfully completes in accordance with s.
  155  1008.22(3)(c) and that includes the roles and responsibilities
  156  of federal, state, and local governments; the structures and
  157  functions of the legislative, executive, and judicial branches
  158  of government; and the meaning and significance of historic
  159  documents, such as the Articles of Confederation, the
  160  Declaration of Independence, and the Constitution of the United
  161  States.
  162         4. Three middle school or higher courses in science.
  163  Successful completion of a high school level Biology I course is
  164  not contingent upon the student’s performance on the end-of
  165  course assessment required under s. 1008.22(3)(c)2.a.(II).
  166  However, beginning with the 2012-2013 school year, to earn high
  167  school credit for a Biology I course, a middle school student
  168  must pass the Biology I end-of-course assessment.
  169         5. One course in career and education planning to be
  170  completed in 7th or 8th grade. The course may be taught by any
  171  member of the instructional staff; must include career
  172  exploration using Florida CHOICES or a comparable cost-effective
  173  program; must include educational planning using the online
  174  student advising system known as Florida Academic Counseling and
  175  Tracking for Students at the Internet website FACTS.org; and
  176  shall result in the completion of a personalized academic and
  177  career plan. The required personalized academic and career plan
  178  must inform students of high school graduation requirements,
  179  high school assessment and college entrance test requirements,
  180  Florida Bright Futures Scholarship Program requirements, state
  181  university and Florida College System institution admission
  182  requirements, and programs through which a high school student
  183  can earn college credit, including Advanced Placement,
  184  International Baccalaureate, Advanced International Certificate
  185  of Education, dual enrollment, career academy opportunities, and
  186  courses that lead to national industry certification.
  187  
  188  A student with a disability, as defined in s. 1007.02(2), for
  189  whom the individual education plan team determines that an end
  190  of-course assessment cannot accurately measure the student’s
  191  abilities, taking into consideration all allowable
  192  accommodations, shall have the end-of-course assessment results
  193  waived for purposes of determining the student’s course grade
  194  and completing the requirements for middle grades promotion.
  195  Each school must hold a parent meeting either in the evening or
  196  on a weekend to inform parents about the course curriculum and
  197  activities. Each student shall complete an electronic personal
  198  education plan that must be signed by the student; the student’s
  199  instructor, certified school guidance counselor, or academic
  200  advisor; and the student’s parent. The Department of Education
  201  shall develop course frameworks and professional development
  202  materials for the career exploration and education planning
  203  course. The course may be implemented as a stand-alone course or
  204  integrated into another course or courses. The Commissioner of
  205  Education shall collect longitudinal high school course
  206  enrollment data by student ethnicity in order to analyze course
  207  taking patterns.
  208         Section 5. Paragraph (d) of subsection (7) of section
  209  1003.43, Florida Statutes, is amended to read:
  210         1003.43 General requirements for high school graduation.—
  211         (7) No student may be granted credit toward high school
  212  graduation for enrollment in the following courses or programs:
  213         (d) Any Level I course unless the student’s assessment
  214  indicates that a more rigorous course of study would be
  215  inappropriate, in which case a written assessment of the need
  216  must be included in the student’s individual educational plan or
  217  in a student performance plan, signed by the principal, the
  218  certified school guidance counselor, and the parent of the
  219  student, or the student if the student is 18 years of age or
  220  older.
  221         Section 6. Paragraph (b) of subsection (2) of section
  222  1008.42, Florida Statutes, is amended to read:
  223         1008.42 Public information on career education programs.—
  224         (2) The dissemination shall be conducted in accordance with
  225  the following procedures:
  226         (b)1. Each district school board shall publish, at a
  227  minimum, the most recently available placement rate for each
  228  career certificate program conducted by that school district at
  229  the secondary school level and at the career degree level. The
  230  placement rates for the preceding 3 years shall be published if
  231  available, shall be included in each publication that informs
  232  the public of the availability of the program, and shall be made
  233  available to each certified school guidance counselor. If a
  234  program does not have a placement rate, a publication that lists
  235  or describes that program must state that the rate is
  236  unavailable.
  237         2. Each Florida College System institution shall publish,
  238  at a minimum, the most recent placement rate for each career
  239  certificate program and for each career degree program in its
  240  annual catalog. The placement rates for the preceding 3 years
  241  shall be published, if available, and shall be included in any
  242  publication that informs the public of the availability of the
  243  program. If a program does not have a placement rate, the
  244  publication that lists or describes that program must state that
  245  the rate is unavailable.
  246         3. If a school district or a Florida College System
  247  institution has calculated for a program a placement rate that
  248  differs from the rate reported by the department, and if each
  249  record of a placement was obtained through a process that was
  250  capable of being audited, procedurally sound, and consistent
  251  statewide, the district or the Florida College System
  252  institution may use the locally calculated placement rate in the
  253  report required by this section. However, that rate may not be
  254  combined with the rate maintained in the computer files of the
  255  Department of Education’s Florida Education and Training
  256  Placement Information Program.
  257         4. An independent career, trade, or business school may not
  258  publish a placement rate unless the placement rate was
  259  determined as provided by this section.
  260         Section 7. Paragraph (b) of subsection (2) of section
  261  1012.01, Florida Statutes, is amended to read:
  262         1012.01 Definitions.—As used in this chapter, the following
  263  terms have the following meanings:
  264         (2) INSTRUCTIONAL PERSONNEL.—“Instructional personnel”
  265  means any K-12 staff member whose function includes the
  266  provision of direct instructional services to students.
  267  Instructional personnel also includes K-12 personnel whose
  268  functions provide direct support in the learning process of
  269  students. Included in the classification of instructional
  270  personnel are the following K-12 personnel:
  271         (b) Student personnel services.—Student personnel services
  272  include staff members responsible for: advising students with
  273  regard to their abilities and aptitudes, educational and
  274  occupational opportunities, and personal and social adjustments;
  275  providing placement services; performing educational
  276  evaluations; and similar functions. Included in this
  277  classification are certified school guidance counselors, social
  278  workers, career specialists, and school psychologists. Certified
  279  school counselors shall perform only the duties and functions
  280  described in this paragraph and may not be used as support staff
  281  for administrative duties, including, but not limited to,
  282  working bus or cafeteria lines, substitute teaching, or
  283  monitoring tests.
  284         Section 8. This act shall take effect July 1, 2012.