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 91guidancecounselor at each school. A program thatwhichplaces 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 schoolguidancecounselor 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 schoolguidancecounselor, 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 schoolguidancecounselor, 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 schoolguidancecounselor. 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 schoolguidancecounselors, 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.