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Introduced Version Senate Bill 220 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 220

(By Senator Edgell, Unger, Hunter, Redd, Rowe, Mitchell, Helmick, Caldwell, Anderson, Wooton, Minard, Kessler, Ross Snyder, Jackson, Oliverio Sprouse, Minear, Facemyer, Boley, Chafin and Tomblin, Mr. President)

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[Introduced January 16, 2002; referred to the Committee

on Education; and then to the Committee on Finance.]

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A BILL to amend and reenact section eighteen-b, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school guidance counselors; clarifying duties; and defining the term "counseling-related administrative activities".

Be it enacted by the Legislature of West Virginia:

That section eighteen-b, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-18b. School counselors in public schools.

(a) A school counselor means a professional educator who holds a valid school counselor's certificate in accordance with article three of chapter eighteen-a of this code.

(b) Each county board of education, by the school year one thousand nine hundred eighty-seven--eighty-eight, shall provide counseling services for each pupil enrolled in the public schools of the county.

(c) The school counselor shall work with individual pupils and groups of pupils in providing developmental, preventive and remedial guidance and counseling programs to meet academic, social, emotional career and physical personal/social needs, in accordance with the rules established by the state board; including programs to identify and address the problem of potential school dropouts. The school counselor may also provide consultant services for parents, teachers and administrators and may use outside referral services when appropriate if no additional cost is incurred by the county board.

(d) The state board may shall adopt rules and regulations regarding the activities of the school counselor, and the consistent with the provisions of this section that define the role of a school counselor based on the national standards for school counseling programs of the American school counselor association. A school counselor is authorized to perform such services as are
not inconsistent therewith with the provisions of this article and the national standards. County boards shall provide training for counselors and administrators to implement the national standards as provided in this section.
(e) Each county board of education shall develop a comprehensive drop-out prevention program utilizing using the expertise of school counselors and any other appropriate resources available.

(f) School counselors shall be full-time professional personnel, shall spend at least seventy-five percent of work time in a direct counseling relationship with pupils, and shall devote no more than one fourth of the work day to counseling-related administrative activities. Provided, That such activities are counselor related For the purpose of this section only "counseling- related administrative activities" shall include: developing and implementing counseling-related events such as orientation and transition programs, financial aid workshops, career and college planning processes, developmental guidance activities, preventive- focused programs, and other student-centered activities; writing letters of recommendation containing discriminate information; supervising the maintenance of student records; and maintaining accurate counseling case notes. For purposes of this section only, "counseling-related administrative activities" shall not include
activities of a clerical nature such as data entry, the filing of student records and forms, and the duplication of documents and materials for distribution.
(g) Nothing herein shall prohibit a county board from exceeding the provisions of this section.


NOTE: The purpose of this bill is to require the state board of education to adopt rules defining the role of school counselors and to clarify the meaning of the term "counseling-related administrative activities" to ensure that school guidance counselors have sufficient time to devote to direct counseling activities with students.

Strike throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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