HB5262 SFA Grady 3-9 #1
Stewart 7801
Senator Grady moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(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, and physical needs; including programs to identify and address the problem of potential school dropouts. The school counselor also may 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 adopt rules 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 with the provisions of the rule as adopted by the state board. To the extent that any funds are made available for this purpose, county boards shall provide training for counselors and administrators to implement the rule as adopted by the state board.
(e) Each county board shall develop a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources available.
(f) School counselors shall be full-time professional personnel, shall spend at least 80 percent of work time in a direct counseling relationship with pupils, and shall devote no more than 20 percent of the work day workday to administrative activities: Provided, That such activities are counselor related directly related to their counseling duties: Provided further, That school counselors may not perform the following duties without a written agreement:
(1) Administering cognitive, aptitude, and achievement testing programs: Provided, That school counselors may administer make up tests and any tests that are required for virtual students, should no other person be available to administer the test;
(2) Routinely signing excuses for students who are tardy or absent;
(3) Performing disciplinary actions or assigning discipline consequences;
(4) Routinely covering classes when teachers are absent or to create teacher planning time;
(5) Maintaining student records: Provided, That school counselors may have access to student records;
(6) Computing grade-point averages: Provided, That school counselors may compute grade-point averages for the purpose of determining a student’s eligibility for scholarships or post-secondary goals;
(7) Routinely supervising classrooms or common areas;
(8) Keeping clerical records: Provided, That school counselors may access clerical records;
(9) Coordinating Individual Education Plans: Provided, That this does not preclude school counselors from otherwise participating in Individual Education Plans when appropriate;
(10) Coordinating 504 Plans: Provided, That this does not preclude school counselors from otherwise participating in 504 Plans when appropriate; and
(11) Coordinating Student Study Teams; Provided, That this does not preclude school counselors from otherwise participating in Student Study Teams when appropriate.
(g) Beginning with the 2024—25 school year, school counselors shall participate in the training set forth below.
(1) At least once every two years, school counselors serving students in grades Pre-K through 12 shall participate in the School Counselors Conference, which shall address the following components:
(A) Career Counseling and Life Planning;
(B) Career awareness;
(C) Career and life planning;
(D) Career and life success;
(E) Opportunities with Career Technical Education available in West Virginia;
(F) Post secondary options;
(G) Academic Counseling and Personalized Planning;
(H) Academic motivation;
(I) Goal setting;
(J) Academic scheduling;
(K) Personalized Education Plans;
(L) Dual credit;
(M) Learning skills;
(N) Personal and Social Counseling;
(O) Decision making;
(P) Personal responsibility;
(Q) Conflict resolution; and
(R) Prevention.
(2) Every two years, school counselors serving students in grades seven through 12 shall receive training regarding building and trades and apprenticeship programs available to students in West Virginia. This training shall be administered by the department of education and provided at no cost to the counselors.
(g) (h) Nothing in this section prohibits a county board from exceeding the provisions of this section, or requires any specific level of funding by the Legislature.
(b) The county may not submit a waiver to exceed the current limit of students set forth in Individuals with Disabilities Education Act 2004 and Policy 2419 without the written consent of the special education instructor. If the instructor chooses to sign the waiver to exceed the limit, that instructor shall be entitled to the full amount of compensation as provided per county.
(c) The county may not allow more than three students over the limit, even with the additional pay for the teacher.
(b) Not later than the 15th day before the first day of the employment term of each school year, the county board shall adopt and provide to each classroom teacher, full-time counselor, and full-time librarian employed by the district a calendar that specifies the days each employee is expected to work for that school year: Provided, That any supplemental duty exceeding the eight hour contracted day shall be by agreement with the employee and preapproved by the county superintendent or by his or her designee, unless the supplemental duty is the result of an unanticipated emergency, and shall be paid in accordance with the agreement between the employee and the county.
Adopted
Rejected