HB 941 2022
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hb0941-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to certified school counselors; 2
creating s. 1012.461, F.S.; providing certification 3
requirements for school counselors; requiring 4
certified school counselors to provide a certain 5
program for a specified purpose; providing program 6
requirements; authorizing such counselors to perform 7
certain duties; prohibiting such counselors from 8
performing certain duties; requiring such counselors 9
to perform specified duties under certain 10
circumstances; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 1012.461, Florida Statutes, is created 15
to read: 16
1012.461 Certified school counselo rs; authorized duties. — 17
(1) Certified school counselors must, at a minimum, hold 18
the certificate required by law and by rules of the State Board 19
of Education pursuant to s. 1012.55(1)(b). Certified school 20
counselors must abide by the American School Coun selor 21
Association's Ethical Standards for School Counselors and 22
provide a student-centered, data-informed, and outcome -oriented 23
program that is integrated into the curricula and prepares 24
students in prekindergarten through grade 12 for postsecondary 25
HB 941 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
education and training or a career. The program must be designed 26
using the Department of Education's Florida's School Counseling 27
Framework. School principals must utilize certified school 28
counselors to deliver appropriate direct and indirect services 29
to students pursuant to the American School Counselor 30
Association's national model. Such delivery of services means 31
working directly with students, instructional personnel, school 32
administrators, parents, other school personnel, and the 33
community to achieve an integr ated approach to students' 34
educational success and an effective transition to postsecondary 35
education and training or a career and may include services 36
recommended by the American School Counselor Association. A 37
certified school counselor may perform the f ollowing duties, 38
which are recommended by the American School Counselor 39
Association: 40
(a) Advisement appraisal for academic planning, including, 41
but not limited to, for postsecondary education and training or 42
career coaching. 43
(b) Orientation, coordinati on, and academic advising for 44
new students. However, a certified school counselor may not 45
perform the clerical duties of coordinating paperwork or data 46
entry for such students. 47
(c) Interpreting and supporting school administrators, 48
instructional personne l, students, and students' parents in 49
understanding students' cognitive, aptitude, and achievement 50
HB 941 2022
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tests. However, a certified school counselor may not serve as a 51
testing coordinator. 52
(d) Providing counseling to students who are late to or 53
absent from school. 54
(e) Providing mental health supports to students, 55
including, but not limited to, individual and small group 56
counseling, including short -term counseling, mental health 57
services, suicide screenings and assessments, and collaborating 58
with other school personnel, medical professionals, and 59
community-based partners to provide referrals to both students 60
and their families. 61
(f) Supporting students' social and emotional learning 62
through classroom lessons and counseling. 63
(g) Consulting with classroom tea chers to schedule and 64
present school counseling curriculum lessons based on students' 65
developmental needs. Such needs must be determined using data 66
analyzed by certified school counselors. 67
(h) Interpreting students' records and, pursuant to state 68
and federal laws, rules, and regulations, protecting students' 69
records and information. A certified school counselor must focus 70
on delivering direct services to students and may not perform 71
clerical duties, including, but not limited to, maintaining 72
students' records, maintaining students' cumulative folders, or 73
inputting students' grades. 74
(i) Analyzing students' grade point averages and their 75
HB 941 2022
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relationship to students' achievement. 76
(j) Consulting with classroom teachers about building 77
classroom connections, managing effective classrooms, and the 78
role of noncognitive factors in students' success. 79
(k) Consulting with a variety of stakeholders including, 80
but not limited to, school principals and other school 81
administrators, instructional personnel, parents, student 82
services personnel, and other school personnel to identify and 83
resolve students' issues, needs, and problems. A certified 84
school counselor must be a nonjudgmental advocate for students, 85
rather than a disciplinarian, and may not perform administrator -86
specific duties, including, but not limited to, building the 87
master schedule. 88
(l) Advocating for students by participating in, as a team 89
member, but not leading the team, individual education plan 90
meetings, student study teams, res ponses to intervention plans, 91
Section 504 plan meetings, multi -tiered systems of support, and 92
school attendance review boards. 93
(m) Analyzing disaggregated schoolwide and school 94
counseling program data for the delivery of programs and 95
strategies to improv e school success. 96
(n) Working with students of diverse backgrounds to create 97
a positive and inclusive school culture for all students. 98
(2) A certified school counselor may also perform the 99
following additional duties if such duties are required to be 100
HB 941 2022
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performed by all instructional personnel during the school year: 101
(a) Covering classrooms when classroom teachers are absent 102
or creating planning times for classroom teachers. 103
(b) Supervising common areas, including, but not limited 104
to, the school's cafe teria during lunch periods or the areas 105
where school buses drop off or pick up students before or after 106
school. 107
Section 2. This act shall take effect July 1, 2022. 108