Florida Senate - 2012 CS for SB 1654
By the Committee on Education Pre-K - 12; and Senator Detert
581-03000-12 20121654c1
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 minimum of one full-time certified school
10 counselor and assign additional half-time or full-time
11 certified school counselors only after reaching the
12 maximum ratio; requiring that each school district
13 include the ratio of certified school counselors to
14 students in its annual audit and adopt rules;
15 providing the duties of certified school counselors;
16 amending ss. 381.0057, 1003.21, 1003.4156, 1003.43,
17 and 1008.42, F.S.; revising provisions to conform to
18 changes made by the act; amending s. 1012.01, F.S.;
19 prohibiting certified school counselors from being
20 used as support staff for administrative duties;
21 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 minimum of one full-time
35 certified school counselor and shall assign additional half-time
36 or full-time certified school counselors only after reaching the
37 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 which are commensurate with their training and
42 certification and pursuant to the requirements in s.
43 1012.01(2)(b), Florida Statutes.
44 (2) Each certified school counselor shall provide
45 counseling to students; develop and deliver curriculum at the
46 appropriate grade level; coordinate activities and programs for
47 each curriculum; and consult with school administrators,
48 teachers, parents, and students.
49 Section 2. Paragraph (b) of subsection (4) of section
50 381.0057, Florida Statutes, is amended to read:
51 381.0057 Funding for school health services.—
52 (4) Any school district, school, or laboratory school which
53 desires to receive state funding under the provisions of this
54 section shall submit a proposal to the joint committee
55 established in subsection (3). The proposal shall state the
56 goals of the program, provide specific plans for reducing
57 teenage pregnancy, and describe all of the health services to be
58 available to students with funds provided pursuant to this
59 section, including a combination of initiatives such as health
60 education, counseling, extracurricular, and self-esteem
61 components. School health services shall not promote elective
62 termination of pregnancy as a part of counseling services. Only
63 those program proposals which have been developed jointly by
64 county health departments and local school districts or schools,
65 and which have community and parental support, shall be eligible
66 for funding. Funding shall be available specifically for
67 implementation of one of the following programs:
68 (b) Student support services team program.—The program
69 shall include a multidisciplinary team composed of a
70 psychologist, social worker, and nurse whose responsibilities
71 are to provide basic support services and to assist, in the
72 school setting, children who exhibit mild to severely complex
73 health, behavioral, or learning problems affecting their school
74 performance. Support services shall include, but not be limited
75 to: evaluation and treatment for minor illnesses and injuries,
76 referral and followup for serious illnesses and emergencies,
77 onsite care and consultation, referral to a physician, and
78 followup care for pregnancy or chronic diseases and disorders as
79 well as emotional or mental problems. Services also shall
80 include referral care for drug and alcohol abuse and sexually
81 transmitted diseases, sports and employment physicals,
82 immunizations, and in addition, effective preventive services
83 aimed at delaying early sexual involvement and aimed at
84 pregnancy, acquired immune deficiency syndrome, sexually
85 transmitted diseases, and destructive lifestyle conditions, such
86 as alcohol and drug abuse. Moneys for this program shall be used
87 to fund three teams, each consisting of one half-time
88 psychologist, one full-time nurse, and one full-time social
89 worker. Each team shall provide student support services to an
90 elementary school, middle school, and high school that are a
91 part of one feeder school system and shall coordinate all
92 activities with the school administrator and certified school
93 guidance counselor at each school. A program that which places
94 all three teams in middle schools or high schools may also be
95 proposed.
96
97 Funding may also be available for any other program that is
98 comparable to a program described in this subsection but is
99 designed to meet the particular needs of the community.
100 Section 3. Paragraph (c) of subsection (1) of section
101 1003.21, Florida Statutes, is amended to read:
102 1003.21 School attendance.—
103 (1)
104 (c) A student who attains the age of 16 years during the
105 school year is not subject to compulsory school attendance
106 beyond the date upon which he or she attains that age if the
107 student files a formal declaration of intent to terminate school
108 enrollment with the district school board. Public school
109 students who have attained the age of 16 years and who have not
110 graduated are subject to compulsory school attendance until the
111 formal declaration of intent is filed with the district school
112 board. The declaration must acknowledge that terminating school
113 enrollment is likely to reduce the student’s earning potential
114 and must be signed by the student and the student’s parent. The
115 school district must notify the student’s parent of receipt of
116 the student’s declaration of intent to terminate school
117 enrollment. The student’s certified school guidance counselor or
118 other school personnel must conduct an exit interview with the
119 student to determine the reasons for the student’s decision to
120 terminate school enrollment and actions that could be taken to
121 keep the student in school. The student must be informed of
122 opportunities to continue his or her education in a different
123 environment, including, but not limited to, adult education and
124 GED test preparation. Additionally, the student must complete a
125 survey in a format prescribed by the Department of Education to
126 provide data on student reasons for terminating enrollment and
127 actions taken by schools to keep students enrolled.
128 Section 4. Paragraph (a) of subsection (1) of section
129 1003.4156, Florida Statutes, is amended to read:
130 1003.4156 General requirements for middle grades
131 promotion.—
132 (1) Promotion from a school composed of middle grades 6,
133 7, and 8 requires that:
134 (a) The student must successfully complete academic courses
135 as follows:
136 1. Three middle school or higher courses in English. These
137 courses shall emphasize literature, composition, and technical
138 text.
139 2. Three middle school or higher courses in mathematics.
140 Each middle school must offer at least one high school level
141 mathematics course for which students may earn high school
142 credit. Successful completion of a high school level Algebra I
143 or geometry course is not contingent upon the student’s
144 performance on the end-of-course assessment required under s.
145 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012
146 school year, to earn high school credit for an Algebra I course,
147 a middle school student must pass the Algebra I end-of-course
148 assessment, and beginning with the 2012-2013 school year, to
149 earn high school credit for a geometry course, a middle school
150 student must pass the geometry end-of-course assessment.
151 3. Three middle school or higher courses in social studies,
152 one semester of which must include the study of state and
153 federal government and civics education. Beginning with students
154 entering grade 6 in the 2012-2013 school year, one of these
155 courses must be at least a one-semester civics education course
156 that a student successfully completes in accordance with s.
157 1008.22(3)(c) and that includes the roles and responsibilities
158 of federal, state, and local governments; the structures and
159 functions of the legislative, executive, and judicial branches
160 of government; and the meaning and significance of historic
161 documents, such as the Articles of Confederation, the
162 Declaration of Independence, and the Constitution of the United
163 States.
164 4. Three middle school or higher courses in science.
165 Successful completion of a high school level Biology I course is
166 not contingent upon the student’s performance on the end-of
167 course assessment required under s. 1008.22(3)(c)2.a.(II).
168 However, beginning with the 2012-2013 school year, to earn high
169 school credit for a Biology I course, a middle school student
170 must pass the Biology I end-of-course assessment.
171 5. One course in career and education planning to be
172 completed in 7th or 8th grade. The course may be taught by any
173 member of the instructional staff; must include career
174 exploration using Florida CHOICES or a comparable cost-effective
175 program; must include educational planning using the online
176 student advising system known as Florida Academic Counseling and
177 Tracking for Students at the Internet website FACTS.org; and
178 shall result in the completion of a personalized academic and
179 career plan. The required personalized academic and career plan
180 must inform students of high school graduation requirements,
181 high school assessment and college entrance test requirements,
182 Florida Bright Futures Scholarship Program requirements, state
183 university and Florida College System institution admission
184 requirements, and programs through which a high school student
185 can earn college credit, including Advanced Placement,
186 International Baccalaureate, Advanced International Certificate
187 of Education, dual enrollment, career academy opportunities, and
188 courses that lead to national industry certification.
189
190 A student with a disability, as defined in s. 1007.02(2), for
191 whom the individual education plan team determines that an end
192 of-course assessment cannot accurately measure the student’s
193 abilities, taking into consideration all allowable
194 accommodations, shall have the end-of-course assessment results
195 waived for purposes of determining the student’s course grade
196 and completing the requirements for middle grades promotion.
197 Each school must hold a parent meeting either in the evening or
198 on a weekend to inform parents about the course curriculum and
199 activities. Each student shall complete an electronic personal
200 education plan that must be signed by the student; the student’s
201 instructor, certified school guidance counselor, or academic
202 advisor; and the student’s parent. The Department of Education
203 shall develop course frameworks and professional development
204 materials for the career exploration and education planning
205 course. The course may be implemented as a stand-alone course or
206 integrated into another course or courses. The Commissioner of
207 Education shall collect longitudinal high school course
208 enrollment data by student ethnicity in order to analyze course
209 taking patterns.
210 Section 5. Paragraph (d) of subsection (7) of section
211 1003.43, Florida Statutes, is amended to read:
212 1003.43 General requirements for high school graduation.—
213 (7) No student may be granted credit toward high school
214 graduation for enrollment in the following courses or programs:
215 (d) Any Level I course unless the student’s assessment
216 indicates that a more rigorous course of study would be
217 inappropriate, in which case a written assessment of the need
218 must be included in the student’s individual educational plan or
219 in a student performance plan, signed by the principal, the
220 certified school guidance counselor, and the parent of the
221 student, or the student if the student is 18 years of age or
222 older.
223 Section 6. Paragraph (b) of subsection (2) of section
224 1008.42, Florida Statutes, is amended to read:
225 1008.42 Public information on career education programs.—
226 (2) The dissemination shall be conducted in accordance with
227 the following procedures:
228 (b)1. Each district school board shall publish, at a
229 minimum, the most recently available placement rate for each
230 career certificate program conducted by that school district at
231 the secondary school level and at the career degree level. The
232 placement rates for the preceding 3 years shall be published if
233 available, shall be included in each publication that informs
234 the public of the availability of the program, and shall be made
235 available to each certified school guidance counselor. If a
236 program does not have a placement rate, a publication that lists
237 or describes that program must state that the rate is
238 unavailable.
239 2. Each Florida College System institution shall publish,
240 at a minimum, the most recent placement rate for each career
241 certificate program and for each career degree program in its
242 annual catalog. The placement rates for the preceding 3 years
243 shall be published, if available, and shall be included in any
244 publication that informs the public of the availability of the
245 program. If a program does not have a placement rate, the
246 publication that lists or describes that program must state that
247 the rate is unavailable.
248 3. If a school district or a Florida College System
249 institution has calculated for a program a placement rate that
250 differs from the rate reported by the department, and if each
251 record of a placement was obtained through a process that was
252 capable of being audited, procedurally sound, and consistent
253 statewide, the district or the Florida College System
254 institution may use the locally calculated placement rate in the
255 report required by this section. However, that rate may not be
256 combined with the rate maintained in the computer files of the
257 Department of Education’s Florida Education and Training
258 Placement Information Program.
259 4. An independent career, trade, or business school may not
260 publish a placement rate unless the placement rate was
261 determined as provided by this section.
262 Section 7. Paragraph (b) of subsection (2) of section
263 1012.01, Florida Statutes, is amended to read:
264 1012.01 Definitions.—As used in this chapter, the following
265 terms have the following meanings:
266 (2) INSTRUCTIONAL PERSONNEL.—“Instructional personnel”
267 means any K-12 staff member whose function includes the
268 provision of direct instructional services to students.
269 Instructional personnel also includes K-12 personnel whose
270 functions provide direct support in the learning process of
271 students. Included in the classification of instructional
272 personnel are the following K-12 personnel:
273 (b) Student personnel services.—Student personnel services
274 include staff members responsible for: advising students with
275 regard to their abilities and aptitudes, educational and
276 occupational opportunities, and personal and social adjustments;
277 providing placement services; performing educational
278 evaluations; and similar functions. Included in this
279 classification are certified school guidance counselors, social
280 workers, career specialists, and school psychologists. Certified
281 school counselors shall perform only the duties and functions as
282 provided by law and may not be used as support staff for
283 administrative duties, including, but not limited to,
284 coordinating, administering, or monitoring academic testing and
285 testing programs, working bus or cafeteria lines, or substitute
286 teaching.
287 Section 8. This act shall take effect July 1, 2012.