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 considertake into66considerationthe recommendations of teachers, other school 67 officials, certified schoolguidancecounselors, 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 113guidancecounselor at each school. A program thatwhichplaces 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 schoolguidance128 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 shallmustnotify the student’s parent of 146 receipt of the student’s declaration of intent to terminate 147 school enrollment. The student’s certified schoolguidance148 counselor or other school personnel shallmustconduct 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 studentmust be informedof 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 shallmustcomplete 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 schoolguidancecounselor, 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 schoolguidancecounselors 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 schoolguidancecounselors 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 schoolguidancecounselors, 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 330guidancecounselors. 331 (c) Evaluation of the information and training available to 332 certified schoolguidancecounselors 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 349guidancecounselors 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 schoolguidancecounselor. 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 shallmustadvertise 400 the availability of the scholarship program and shallmust401 notify students, teachers, parents, certified schoolguidance402 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 schoolguidancecounselors, 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 schoolguidancecounselors 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 schoolguidance460 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.