Florida Senate - 2013 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 154 Barcode 870036 581-03001-13 Proposed Committee Substitute by the Committee on Education 1 A bill to be entitled 2 An act relating to certified school counselors; 3 amending ss. 322.091, 381.0057, 1002.3105, 1003.21, 4 1003.43, 1003.491, 1004.04, 1006.025, 1007.35, 5 1008.42, 1009.53, 1012.01, 1012.71, and 1012.98, F.S.; 6 renaming guidance counselors as “certified school 7 counselors”; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (b) of subsection (3) of section 12 322.091, Florida Statutes, is amended to read: 13 322.091 Attendance requirements.— 14 (3) HARDSHIP WAIVER AND APPEAL.— 15 (b) The public school principal, the principal’s designee, 16 or the designee of the governing body of a private school shall 17 waive the requirements of subsection (1) for any minor under the 18 school’s jurisdiction for whom a personal or family hardship 19 requires that the minor have a driverdriver’slicense for his 20 or her own, or his or her family’s, employment or medical care. 21 The minor or the minor’s parent or guardian may present other 22 evidence that indicates compliance with the requirements of 23 subsection (1) at the waiver hearing. The public school 24 principal, the principal’s designee, or the designee of the 25 governing body of a private school shall considertake into26considerationthe recommendations of teachers, other school 27 officials, certified schoolguidancecounselors, or academic 28 advisers before waiving the requirements of subsection (1). 29 Section 2. Paragraph (b) of subsection (3) of section 30 381.0057, Florida Statutes, is amended to read: 31 381.0057 Funding for school health services.— 32 (3) Any school district, school, or laboratory school which 33 desires to receive state funding under the provisions of this 34 section shall submit a proposal to the joint committee 35 established in subsection (2). The proposal shall state the 36 goals of the program, provide specific plans for reducing 37 teenage pregnancy, and describe all of the health services to be 38 available to students with funds provided pursuant to this 39 section, including a combination of initiatives such as health 40 education, counseling, extracurricular, and self-esteem 41 components. School health services shall not promote elective 42 termination of pregnancy as a part of counseling services. Only 43 those program proposals which have been developed jointly by 44 county health departments and local school districts or schools, 45 and which have community and parental support, shall be eligible 46 for funding. Funding shall be available specifically for 47 implementation of one of the following programs: 48 (b) Student support services team program.—The program 49 shall include a multidisciplinary team composed of a 50 psychologist, social worker, and nurse whose responsibilities 51 are to provide basic support services and to assist, in the 52 school setting, children who exhibit mild to severely complex 53 health, behavioral, or learning problems affecting their school 54 performance. Support servicesshallinclude, but are notbe55 limited to: evaluation and treatment offorminor illnesses and 56 injuries, referral and followup for serious illnesses and 57 emergencies, onsite care and consultation, referral to a 58 physician, and followup care for pregnancy or chronic diseases 59 and disorders as well as emotional or mental problems. Services 60 alsoshallinclude referral care for drug and alcohol abuse and 61 sexually transmitted diseases, sports and employment physicals, 62 immunizations, andin addition,effective preventive services 63 aimed at delaying early sexual involvement and aimed at 64 pregnancy, acquired immune deficiency syndrome, sexually 65 transmitted diseases, and destructive lifestyle conditions, such 66 as alcohol and drug abuse. Moneys for this program shall be used 67 to fund three teams, each consisting of one half-time 68 psychologist, one full-time nurse, and one full-time social 69 worker. Each team shall provide student support services to an 70 elementary school, middle school, and high school that are a 71 part of one feeder school system and shall coordinate all 72 activities with the school administrator and certified school 73guidancecounselor at each school. A program thatwhichplaces 74 all three teams in middle schools or high schools may also be 75 proposed. 76 77 Funding may also be available for any other program that is 78 comparable to a program described in this subsection but is 79 designed to meet the particular needs of the community. 80 Section 3. Paragraph (e) of subsection (3) of section 81 1002.3105, Florida Statutes, is amended to read: 82 1002.3105 Academically Challenging Curriculum to Enhance 83 Learning (ACCEL) options.— 84 (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing 85 student eligibility requirements, principals and school 86 districts must consider, at a minimum: 87 (e) A recommendation from a certified schoolguidance88 counselor, if one is assigned to the school in which the student 89 is enrolled. 90 Section 4. Paragraph (c) of subsection (1) of section 91 1003.21, Florida Statutes, is amended to read: 92 1003.21 School attendance.— 93 (1) 94 (c) A student who attains the age of 16 years during the 95 school year is not subject to compulsory school attendance 96 beyond the date upon which he or she attains that age if the 97 student files a formal declaration of intent to terminate school 98 enrollment with the district school board. Public school 99 students who have attained the age of 16 years and who have not 100 graduated are subject to compulsory school attendance until the 101 formal declaration of intent is filed with the district school 102 board. The declaration must acknowledge that terminating school 103 enrollment is likely to reduce the student’s earning potential 104 and must be signed by the student and the student’s parent. The 105 school district shallmustnotify the student’s parent of 106 receipt of the student’s declaration of intent to terminate 107 school enrollment. The student’s certified schoolguidance108 counselor or other school personnel shallmustconduct an exit 109 interview with the student to determine the reasons for the 110 student’s decision to terminate school enrollment and actions 111 that could be taken to keep the student in school. The student’s 112 certified school counselor or other school personnel shall 113 inform the studentmust be informedof opportunities to continue 114 his or her education in a different environment, including, but 115 not limited to, adult education and GED test preparation. 116 Additionally, the student shallmustcomplete a survey in a 117 format prescribed by the Department of Education to provide data 118 on student reasons for terminating enrollment and actions taken 119 by schools to keep students enrolled. 120 Section 5. Paragraph (d) of subsection (7) of section 121 1003.43, Florida Statutes, is amended to read: 122 1003.43 General requirements for high school graduation.— 123 (7) No student may be granted credit toward high school 124 graduation for enrollment in the following courses or programs: 125 (d) Any Level I course unless the student’s assessment 126 indicates that a more rigorous course of study would be 127 inappropriate, in which case a written assessment of the need 128 must be included in the student’s individual educational plan or 129 in a student performance plan, signed by the principal, the 130 certified schoolguidancecounselor, and the parent of the 131 student, or the student if the student is 18 years of age or 132 older. 133 Section 6. Subsection (3) and paragraph (a) of subsection 134 (4) of section 1003.491, Florida Statutes, are amended to read: 135 1003.491 Florida Career and Professional Education Act.—The 136 Florida Career and Professional Education Act is created to 137 provide a statewide planning partnership between the business 138 and education communities in order to attract, expand, and 139 retain targeted, high-value industry and to sustain a strong, 140 knowledge-based economy. 141 (3) The strategic 3-year plan developed jointly by the 142 local school district, regional workforce boards, economic 143 development agencies, and state-approved postsecondary 144 institutions shall be constructed and based on: 145 (a) Research conducted to objectively determine local and 146 regional workforce needs for the ensuing 3 years, using labor 147 projections of the United States Department of Labor and the 148 Department of Economic Opportunity; 149 (b) Strategies to develop and implement career academies or 150 career-themed courses based on those careers determined to be 151 high-wage, high-skill, and high-demand; 152 (c) Strategies to provide shared, maximum use of private 153 sector facilities and personnel; 154 (d) Strategies that ensure instruction by industry 155 certified faculty and standards and strategies to maintain 156 current industry credentials and for recruiting and retaining 157 faculty to meet those standards; 158 (e) Strategies to provide personalized student advisement, 159 including a parent-participation component, and coordination 160 with middle schools to promote and support career-themed courses 161 and education planning as required under s. 1003.4156; 162 (f) Alignment of requirements for middle school career 163 planning under s. 1003.4156(1)(a)5., middle and high school 164 career and professional academies or career-themed courses 165 leading to industry certification or postsecondary credit, and 166 high school graduation requirements; 167 (g) Provisions to ensure that career-themed courses and 168 courses offered through career and professional academies are 169 academically rigorous, meet or exceed appropriate state-adopted 170 subject area standards, result in attainment of industry 171 certification, and, when appropriate, result in postsecondary 172 credit; 173 (h) Plans to sustain and improve career-themed courses and 174 career and professional academies; 175 (i) Strategies to improve the passage rate for industry 176 certification examinations if the rate falls below 50 percent; 177 (j) Strategies to recruit students into career-themed 178 courses and career and professional academies which include 179 opportunities for students who have been unsuccessful in 180 traditional classrooms but who are interested in enrolling in 181 career-themed courses or a career and professional academy. 182 School boards shall provide opportunities for students who may 183 be deemedaspotential dropouts to enroll in career-themed 184 courses or participate in career and professional academies; 185 (k) Strategies to provide sufficient space within academies 186 to meet workforce needs and to provide access to all interested 187 and qualified students; 188 (l) Strategies to implement career-themed courses or career 189 and professional academy training that lead to industry 190 certification in juvenile justice education programs; 191 (m) Opportunities for high school students to earn weighted 192 or dual enrollment credit for higher-level career and technical 193 courses; 194 (n) Promotion of the benefits of the Gold Seal Bright 195 Futures Scholarship; 196 (o) Strategies to ensure the review of district pupil 197 progression plans and to amend such plans to include career 198 themed courses and career and professional academy courses and 199 to include courses that may qualify as substitute courses for 200 core graduation requirements and those that may be counted as 201 elective courses; 202 (p) Strategies to provide professional development for 203 secondary certified schoolguidancecounselors on the benefits 204 of career and professional academies and career-themed courses 205 that lead to industry certification; and 206 (q) Strategies to redirect appropriated career funding in 207 secondary and postsecondary institutions to support career 208 academies and career-themed courses that lead to industry 209 certification. 210 (4) The State Board of Education shall establish a process 211 for the continual and uninterrupted review of newly proposed 212 core secondary courses and existing courses requested to be 213 considered as core courses to ensure that sufficient rigor and 214 relevance is provided for workforce skills and postsecondary 215 education and aligned to state curriculum standards. 216 (a) The review of newly proposed core secondary courses 217 shall be the responsibility of a curriculum review committee 218 whose membership is approved by Workforce Florida, Inc., and 219 shall include: 220 1. Three certified high schoolguidancecounselors 221 recommended by the Florida Association of Student Services 222 Administrators. 223 2. Three assistant superintendents for curriculum and 224 instruction, recommended by the Florida Association of District 225 School Superintendents and who serve in districts that operate 226 successful career and professional academies pursuant to s. 227 1003.492 or a successful series of courses that lead to industry 228 certification. Committee members in this category shall employ 229 the expertise of appropriate subject area specialists in the 230 review of proposed courses. 231 3. Three workforce representatives recommended by the 232 Department of Economic Opportunity. 233 4. Three admissions directors of postsecondary institutions 234 accredited by the Southern Association of Colleges and Schools, 235 representing both public and private institutions. 236 5. The Commissioner of Education, or his or her designee, 237 responsible for K-12 curriculum and instruction. The 238 commissioner shall employ the expertise of appropriate subject 239 area specialists in the review of proposed courses. 240 Section 7. Paragraph (f) of subsection (5) of section 241 1004.04, Florida Statutes, is amended to read: 242 1004.04 Public accountability and state approval for 243 teacher preparation programs.— 244 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection 245 (4), failure by a public or nonpublic teacher preparation 246 program to meet the criteria for continued program approval 247 shall result in loss of program approval. The Department of 248 Education, in collaboration with the departments and colleges of 249 education, shall develop procedures for continued program 250 approval that document the continuous improvement of program 251 processes and graduates’ performance. 252 (f)1. Each Florida public and private institution that 253 offers a state-approved teacher preparation program must 254 annually report information regarding these programs to the 255 state and the general public. This information shall be reported 256 in a uniform and comprehensible manner that is consistent with 257 definitions and methods approved by the Commissioner of the 258 National Center for Educational Statistics and that is approved 259 by the State Board of Education. This information must include, 260 at a minimum: 261 a. The percent of graduates obtaining full-time teaching 262 employment within the first year of graduation. 263 b. The average length of stay of graduates in their full 264 time teaching positions. 265 c. Satisfaction ratings required in paragraph (e). 266 2. Each public and private institution offering training 267 for school readiness related professions, including training in 268 the fields of child care and early childhood education, whether 269 offering career credit, associate in applied science degree 270 programs, associate in science degree programs, or associate in 271 arts degree programs, shall annually report information 272 regarding these programs to the state and the general public in 273 a uniform and comprehensible manner that conforms with 274 definitions and methods approved by the State Board of 275 Education. This information must include, at a minimum: 276 a. Average length of stay of graduates in their positions. 277 b. Satisfaction ratings of graduates’ employers. 278 279 This information shall be reported through publications, 280 including college and university catalogs and promotional 281 materials sent to potential applicants, certified secondary 282 schoolguidancecounselors, and prospective employers of the 283 institution’s program graduates. 284 Section 8. Paragraphs (a) and (c) of subsection (2) of 285 section 1006.025, Florida Statutes, are amended to read: 286 1006.025 Guidance services.— 287 (2) The guidance report shall include, but not be limited 288 to, the following: 289 (a) Examination of student access to certified school 290guidancecounselors. 291 (c) Evaluation of the information and training available to 292 certified schoolguidancecounselors and career specialists to 293 advise students on areas of critical need, labor market trends, 294 and technical training requirements. 295 Section 9. Paragraph (a) of subsection (5) of section 296 1007.35, Florida Statutes, is amended to read: 297 1007.35 Florida Partnership for Minority and 298 Underrepresented Student Achievement.— 299 (5) Each public high school, including, but not limited to, 300 schools and alternative sites and centers of the Department of 301 Juvenile Justice, shall provide for the administration of the 302 Preliminary SAT/National Merit Scholarship Qualifying Test 303 (PSAT/NMSQT), or Preliminary ACT (PLAN) to all enrolled 10th 304 grade students. However, a written notice shall be provided to 305 each parent that shall include the opportunity to exempt his or 306 her child from taking the PSAT/NMSQT or PLAN. 307 (a) Test results will provide each high school with a 308 database of student assessment data which certified school 309guidancecounselors will use to identify students who are 310 prepared or who need additional work to be prepared to enroll 311 and be successful in AP courses or other advanced high school 312 courses. 313 Section 10. Paragraph (b) of subsection (2) of section 314 1008.42, Florida Statutes, is amended to read: 315 1008.42 Public information on career education programs.— 316 (2) The dissemination shall be conducted in accordance with 317 the following procedures: 318 (b)1. Each district school board shall publish, at a 319 minimum, the most recently available placement rate for each 320 career certificate program conducted by that school district at 321 the secondary school level and at the career degree level. The 322 placement rates for the preceding 3 years shall be published, if 323 available, shall be included in each publication that informs 324 the public of the availability of the program, and shall be made 325 available to each certified schoolguidancecounselor. If a 326 program does not have a placement rate, a publication that lists 327 or describes that program must state that the rate is 328 unavailable. 329 2. Each Florida College System institution shall publish, 330 at a minimum, the most recent placement rate for each career 331 certificate program and for each career degree program in its 332 annual catalog. The placement rates for the preceding 3 years 333 shall be published, if available, and shall be included in any 334 publication that informs the public of the availability of the 335 program. If a program does not have a placement rate, the 336 publication that lists or describes that program must state that 337 the rate is unavailable. 338 3. If a school district or a Florida College System 339 institution has calculated for a program a placement rate that 340 differs from the rate reported by the department, and if each 341 record of a placement was obtained through a process that was 342 capable of being audited, procedurally sound, and consistent 343 statewide, the district or the Florida College System 344 institution may use the locally calculated placement rate in the 345 report required by this section. However, that rate may not be 346 combined with the rate maintained in the computer files of the 347 Department of Education’s Florida Education and Training 348 Placement Information Program. 349 4. An independent career, trade, or business school may not 350 publish a placement rate unless the placement rate was 351 determined as provided by this section. 352 Section 11. Subsection (3) of section 1009.53, Florida 353 Statutes, is amended to read: 354 1009.53 Florida Bright Futures Scholarship Program.— 355 (3) The Department of Education shall administer the Bright 356 Futures Scholarship Program according to rules and procedures 357 established by the State Board of Education. A single 358 application must be sufficient for a student to apply for any of 359 the three types of awards. The department shallmustadvertise 360 the availability of the scholarship program and shallmust361 notify students, teachers, parents, certified schoolguidance362 counselors, and principals or other relevant school 363 administrators of the criteria and application procedures. The 364 department must begin this process of notification no later than 365 January 1 of each year. 366 Section 12. Paragraph (b) of subsection (2) of section 367 1012.01, Florida Statutes, is amended to read: 368 1012.01 Definitions.—As used in this chapter, the following 369 terms have the following meanings: 370 (2) INSTRUCTIONAL PERSONNEL.—“Instructional personnel” 371 means any K-12 staff member whose function includes the 372 provision of direct instructional services to students. 373 Instructional personnel also includes K-12 personnel whose 374 functions provide direct support in the learning process of 375 students. Included in the classification of instructional 376 personnel are the following K-12 personnel: 377 (b) Student personnel services.—Student personnel services 378 include staff members responsible for: advising students with 379 regard to their abilities and aptitudes, educational and 380 occupational opportunities, and personal and social adjustments; 381 providing placement services; performing educational 382 evaluations; and similar functions. Included in this 383 classification are certified schoolguidancecounselors, social 384 workers, career specialists, and school psychologists. 385 Section 13. Subsection (1) of section 1012.71, Florida 386 Statutes, is amended to read: 387 1012.71 The Florida Teachers Lead Program.— 388 (1) For purposes of the Florida Teachers Lead Program, the 389 term “classroom teacher” means a certified teacher employed by a 390 public school district or a public charter school in that 391 district on or before September 1 of each year whose full-time 392 or job-share responsibility is the classroom instruction of 393 students in prekindergarten through grade 12, including full 394 time media specialists and certified schoolguidancecounselors 395 serving students in prekindergarten through grade 12, who are 396 funded through the Florida Education Finance Program. A “job 397 share” classroom teacher is one of two teachers whose combined 398 full-time equivalent employment for the same teaching assignment 399 equals one full-time classroom teacher. 400 Section 14. Paragraph (a) of subsection (3) of section 401 1012.98, Florida Statutes, is amended to read: 402 1012.98 School Community Professional Development Act.— 403 (3) The activities designed to implement this section must: 404 (a) Support and increase the success of educators through 405 collaboratively developed school improvement plans that focus 406 on: 407 1. Enhanced and differentiated instructional strategies to 408 engage students in a rigorous and relevant curriculum based on 409 state and local educational standards, goals, and initiatives; 410 2. Increased opportunities to provide meaningful 411 relationships between teachers and all students; and 412 3. Increased opportunities for professional collaboration 413 among and between teachers, certified schoolguidance414 counselors, instructional leaders, postsecondary educators 415 engaged in preservice training for new teachers, and the 416 workforce community. 417 Section 15. This act shall take effect July 1, 2013.