House Bill 1426

AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION, ACTING JOINTLY WITH THE STATE BOARD OF HEALTH AND THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, TO ESTABLISH A PROFESSIONAL SCHOOL COUNSELORS PILOT PROGRAM; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, THE STATE DEPARTMENT OF HEALTH AND THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES TO DETERMINE THE SCHOOL DISTRICTS IN WHICH THE PILOT PROGRAM WILL BE IMPLEMENTED; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, THE STATE DEPARTMENT OF HEALTH AND THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES TO EVALUATE THE EFFECTIVENESS OF THE PILOT PROGRAM; TO PROHIBIT ANY EFFORT TO COUNSEL THAT ABORTION CAN BE USED TO PREVENT THE BIRTH OF A BABY; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, WITH THE INPUT OF THE STATE DEPARTMENT OF HEALTH AND THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES, TO SUBMIT A REPORT ON THE PILOT PROGRAM TO THE CHAIRMEN OF CERTAIN LEGISLATIVE COMMITTEES BEFORE JANUARY 1, 2028; TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) The State Board of Education shall establish and implement a Professional School Counselors Pilot Program to provide comprehensive counseling services as required under Section 37-9-79, in certain school districts with high incidences of teenage pregnancy and school violence in the State of Mississippi.

(b) The purpose of the pilot program shall be to evidence the effectiveness of the services provided by professional school counselors in personal and social counseling, crisis intervention and prevention, conflict resolution and educational and career counseling in schools and school districts with counselors on staff, as opposed to those schools and school districts without professional school counselors on staff.

(2) (a) The State Department of Education, acting jointly with the State Department of Health and the Mississippi Department of Human Services shall analyze all data available to each department to select three (3) school districts throughout the state with high incidences of teenage pregnancy or high incidences of school violence to determine which districts would be impacted most positively by the Professional School Counselors Pilot Program.

(b) In making the selection, the departments shall identify those school districts having the highest incidences of teen pregnancies and school violence among students and shall consider other appropriate factors including, but not necessarily limited to, each school district's: dropout rate; the number of the students placed in the alternative school setting; urban or rural nature; geographical location; demographic profile; and state accreditation level.

(3) The Professional School Counselors Pilot Program shall be a four-year program and will be implemented in those school districts selected for participation in the program in the 2023-2024 school year. The program will be continued in the same school districts during the 2024-2025, 2025-2026 and 2026-2027 school years. For the duration of the pilot program, the school district shall place a minimum of one (1) professional school counselor in each school in the district.

(4) At the end of each school year, the State Department of Education, the State Department of Health and the Mississippi Department of Human Services evaluate the effectiveness of the presence and availability of profession school counselors in each school in reducing the rates of teen pregnancy or school violence.

(5) It shall be the responsibility of professional school counselors employed by local school districts implementing the pilot program to carry out the functions of those strategies to promote consistency in the administration of the program and the provisions of Section 37-9-79.

(6) The State Board of Education, in overseeing the administration of the Professional School Counselors Pilot Program in those select school districts implementing the program and strategies developed by the State Department of Education, State Department of Health and the Mississippi Department of Human Services under this section, shall prohibit any effort of a professional school counselor to counsel students that abortion can be used to prevent the birth of a baby.

(7) Before January 1, 2028, the State Department of Education, after consultation with the State Department of Health and the Mississippi Department of Human Services, shall submit a report to the Chairmen of the House and Senate Education Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on the results of the Professional School Counselors Pilot Program. The report must include comparative data on the numbers of pregnancies and incidences of school violence among students in the participating school districts before and during each year of the pilot program. The report also must include a recommendation on whether or not the Professional School Counselors Pilot Program should be implemented on a permanent basis in all or certain school districts of the state.

SECTION 2. Section 37-9-79, Mississippi Code of 1972, is amended as follows:

37-9-79. (1) Beginning with the 2014-2015 school year, the assignment of K-12 Professional School Counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:

(a) No individual shall be employed as a professional school 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

(b) Professional school counselors shall provide the following comprehensive counseling services:

(i) Academic and personal/social counseling;

(ii) Use multiple student data sources to help students make informed academic and career choices;

(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) Professional school counselors must spend a minimum of eighty percent (80%) of their contractual time to the delivery of services to students as outlined by the American School Counselor Association. Delivery of services is the direct service provided to students, parents, school staff and the community which are interaction between professional school counselors and students. These direct services may include the delivery of the following:

1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school's overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided.

2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans.

3. Responsive services: Responsive services are designed to meet students' immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, or crisis responses.

4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors' interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations.

(2) Professional school counselors shall abide by the American School Counselor Association Code of Ethics.

(3) The State Department of Education may adopt regulations regarding the activities of the professional school counselor as are not inconsistent with this section.

(4) Professional school counselors employed by school districts implementing the pilot program authorized under Section 1 of this act shall adhere to minimum qualification requirements of this section, and shall carry out those functions implemented under the pilot program developed by the State Department of Education, the State Department of Health and the Mississippi Department of Human Services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.