House Bill 871

AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ALLOTMENT OF FUNDS UNDER THE ADEQUATE EDUCATION PROGRAM FOR THE PURPOSE OF EMPLOYING ELEMENTARY SCHOOL COUNSELORS, TO REQUIRE SUCH FUNDS TO BE ALLOCATED TO THOSE SCHOOL DISTRICTS HAVING THE HIGHEST DOCUMENTED NEED FOR COUNSELORS, TO PROVIDE AN ADDITIONAL ALLOTMENT OF FUNDS IN EACH SUBSEQUENT FISCAL YEAR UNTIL EACH ELEMENTARY SCHOOL HAS EMPLOYED AT LEAST ONE COUNSELOR, AND TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO EMPLOY A SUPERVISOR OF COUNSELORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-9-79, Mississippi Code of 1972, is amended as follows:

37-9-79. (1) Beginning with the 2006-2007 school year, in addition to other funds allotted under the adequate education program, each school district shall be allotted sufficient funding to employ one (1) elementary school counselor, with funding for an additional elementary school counselor to be allotted per fiscal year until each elementary school in the school district has one (1) state-funded counselor. If sufficient funding is not appropriated for each school district to employ an elementary school counselor, the State Department of Education shall allocate such funds to those school districts accredited at Level 1, 2 or 3 which have the greatest need for counselors, as determined by records of the department and Division of Youth Services of the Department of Human Services which reflect those school districts having the highest incidences of crime and violence, free lunch participation and dropouts. Until the time that there is a counselor in every elementary school at a counselor:student ratio of 1:500 or greater, the annual appropriation for elementary counselors may not be reduced.

(2) The State Department of Education may increase the number of positions funded each year beyond the above requirements as money is made available.

(3) * * * The assignment of * * * school guidance counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:

(a) The counselor:student ratio in elementary schools may be no less than 1:500, or one (1) counselor per school building, whichever is greater.

(b) No individual shall be employed as a school guidance counselor without a minimum of a Master's Degree in Guidance and Counseling, or in an emergency situation, an appropriate certification as determined by the Commission on Teacher and Administrator Education, Certification and Licensure and Development; and

(i) Academic and personal/social counseling;

(ii) Student assessment and assessment counseling;

(iii) Career and educational counseling;

(iv) Individual and group counseling (large/small);

(v) Crisis intervention and preventive counseling;

(vi) Referrals to community agencies;

(vii) Educational consultations and collaboration with teachers, administrators, parents and community leaders;

(viii) Educational and career placement services;

(ix) Follow-up counseling services;

(x) Conflict resolution; and

(xi) Other counseling duties or other duties as assigned by the school principal.

(4) To qualify for adequate education program funding, school counselors must be full-time professional personnel, spend at least seventy-five percent (75%) of work time in a direct counseling relationship with pupils, and must devote no more than one-fourth (1/4) of the work day to administrative activities that are counselor related.

(5) This act does not prohibit any school district from employing with local funds more elementary school counselors than are provided for in this act.

(6) The State Department of Education shall employ a supervisor of counselors who holds certification as a school counselor. The supervisor's responsibilities must include the oversight of the new elementary counseling programs as well as existing secondary programs.

(7) School guidance counselors shall abide by the American School Counselor Association Code of Ethics.

(8) The State Department of Education may adopt regulations regarding the activities of the school guidance counselor, and the counselor may perform such services that are not inconsistent with this section and regulations adopted by the department.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.