HLS 21RS-404 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 156
BY REPRESENTATIVE FREIBERG
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SCHOOLS/EMPLOYEES: Provides for changing the job title of school guidance counselor
to school counselor
1 AN ACT
2To amend and reenact R.S. 11:701(33)(a)(ii)(aa), R.S. 14:403.1(B)(6), R.S. 15:1134(A),
3 R.S. 17:7(27)(a)(ii)(aa), 7.2(A)(4), 24.1(K), 46(A)(1)(b), 392.1(E), 414.2(A),
4 416.8(A)(1)(a)(iii), 1170, 1200(A) and (B), 2926(A)(introductory paragraph) and
5 (B)(1), the title of Chapter 19 of Title 17 of the Louisiana Revised Statutes of 1950,
6 3002(A), (B), (C)(introductory paragraph), and (D)(1) and (3), 3003, 3004, 3005(A),
7 (B), (C)(introductory paragraph), (D), and (E), 3006(A), 3162(C)(8), 3166(Section
8 heading) and 3602(7), R.S. 18:116(A)(2)(a), and R.S. 42:1119(B)(2)(a)(iv), relative
9 to school employees; to provide for technical changes with respect to the terms
10 "guidance counselor" and "school counselor"; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 11:701(33)(a)(ii)(aa) is hereby amended and reenacted to read as
13follows:
14 §701. Definitions
15 As used in this Chapter, the following words and phrases have the meanings
16 ascribed to them in this Section unless a different meaning is plainly required by the
17 context:
18 * * *
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1 (33)(a) "Teacher", except as provided in Subparagraph (b) of this Paragraph,
2 shall mean any of the following:
3 * * *
4 (ii)(aa) Any president, vice president, dean, teacher, guidance school
5 counselor, or unclassified employee at any state college or university or any
6 vocational-technical school or institution or special school under the control of the
7 State Board of Elementary and Secondary Education, or any educational institution
8 supported by and under the control of the state or any city, parish, or other local
9 school board.
10 * * *
11 Section 2. R.S. 14:403.1(B)(6) is hereby amended and reenacted to read as follows:
12 §403.1. Substance abuse in schools; definitions; confidential reports; immunity;
13 penalty
14 * * *
15 B. For the purposes of this Section, the following terms shall mean:
16 * * *
17 (6) "Substance Abuse Prevention Team," hereafter sometimes referred to as
18 "the team," is a panel of not less than six members consisting of at least one (a)
19 administrator, (b) teacher, (c) guidance school counselor, (d) parent representative,
20 and (e) school support person. The team shall be trained by personnel from the
21 Substance Abuse Prevention Education Program of the Louisiana Department of
22 Education. In the absence of the availability of a team trained by personnel from the
23 Substance Abuse Prevention Education Program, the principal of a school may
24 establish a substantially similar panel which shall be considered a substance abuse
25 prevention team.
26 * * *
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1 Section 3. R.S. 15:1134(A) is hereby amended and reenacted to read as follows:
2 §1134. Staff and facilities of community rehabilitation centers
3 A. The Department of Corrections may employ psychiatrists, neurologists,
4 special educators, guidance school counselors, psychologists, nurses, technicians,
5 social workers, occupational therapists, physicians and other professional personnel
6 to staff community rehabilitation centers, or may contract for the services of such
7 persons with community service organizations, religious groups, universities and
8 medical schools.
9 * * *
10 Section 4. R.S. 17:7(27)(a)(ii)(aa), 7.2(A)(4), 24.1(K), 46(A)(1)(b), 392.1(E),
11414.2(A), 416.8(A)(1)(a)(iii), 1170, 1200(A) and (B), 2926(A)(introductory paragraph) and
12(B)(1), the title of Chapter 19 of Title 17 of the Louisiana Revised Statutes of 1950,
133002(A), (B), (C)(introductory paragraph), and (D)(1) and (3), 3003, 3004, 3005(A), (B),
14(C)(introductory paragraph), (D), and (E), 3006(A), 3162(C)(8), 3166(Section heading), and
153602(7) are hereby amended and reenacted to read as follows:
16 §7. Duties, functions, and responsibilities of board
17 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
18 responsibilities vested by any other applicable laws, the board shall:
19 * * *
20 (27)(a)
21 * * *
22 (ii) The provisions of Item (I) of this Subparagraph shall not apply to the
23 following:
24 (aa) Interaction between a student and guidance school counselor as defined
25 in R.S. 17:3002.
26 * * *
27 §7.2. Approved teacher education programs
28 A. In carrying out its responsibility to prescribe the qualifications and
29 provide for the certification of teachers under authority of R.S. 17:7(6), the State
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1 Board of Elementary and Secondary Education, subject to the constitutional power
2 and authority of the Board of Regents, the Board of Supervisors for the University
3 of Louisiana System, the Board of Supervisors of Louisiana State University and
4 Agricultural and Mechanical College, and the Board of Supervisors of Southern
5 University and Agricultural and Mechanical College, shall establish qualifications
6 and requirements for the approval of teacher education programs from which
7 graduates may be certified. The qualifications and requirements established by the
8 State Board of Elementary and Secondary Education for an approved teacher
9 education program shall include but not be limited to the following:
10 * * *
11 (4) That the institution offering the program provide procedures for student
12 evaluation and counseling such that upon initial entry into the institution each
13 student shall be evaluated with respect to his aptitude and suitability for his intended
14 major academic field by a guidance school counselor assigned to the student in
15 accordance with procedures determined by the institution. The evaluation shall be
16 based upon the student's grade point average in high school, college entrance
17 examination, placement tests where applicable, and any other additional tests or
18 evaluative instruments deemed appropriate by the guidance school counselor. The
19 counselor shall advise the student concerning his aptitude and suitability for
20 particular fields of study, based on his findings from all such tests and instruments.
21 No student shall be required to expend any funds for the administration or taking of
22 any test or evaluative instrument or to take any test or be evaluated by any
23 instrument either of which the student deems invasive of his privacy. Evaluation and
24 counseling shall place particular emphasis on aptitude and suitability for teaching in
25 the case of any student indicating his intention to follow a teacher education
26 curriculum.
27 * * *
28 §24.1. State Department of Education; in-service training programs
29 * * *
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1 K. The state superintendent, through the Regional Service Centers, shall
2 make available to teachers and guidance school counselors, in-service training in
3 current techniques of classroom management and discipline and in the current
4 techniques of counseling and advisement practices.
5 * * *
6 §46. Sabbatical leave program
7 A.(1)
8 * * *
9 (b) As used in this Subpart, the words "teacher" or "teaching staff" shall
10 include any social worker, guidance school counselor, school nurse, audiologist,
11 educational diagnostician, speech-language pathologist, or school psychologist
12 employed by a special school who holds the appropriate valid professional ancillary
13 certificate issued by the state Department of Education and who has served in the
14 Special School District for the number of years required for probationary teachers
15 to attain tenure. For a school nurse, a professional ancillary certificate means a Type
16 A, Type B, or Type C certificate.
17 * * *
18 §392.1. Screening and intervention; purpose; applicability; city and parish school
19 system, duties
20 * * *
21 E. The screenings required by this Section shall be done directly by
22 elementary guidance school counselors, pupil appraisal personnel, teachers, or any
23 other professional employees of the school system who have been appropriately
24 trained, all of whom shall operate as advocates for the children identified as needing
25 services or assistance pursuant to this Part. No screenings shall be done by persons
26 who have not been trained to do such screenings, consistent with the requirements
27 established for such training by the State Board of Elementary and Secondary
28 Education.
29 * * *
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1 §414.2. Influence by superintendent, principals, and others on student grades;
2 board's duty; limitations on grade changes
3 A. No school board member, school superintendent, assistant superintendent,
4 principal, guidance school counselor, other teachers, teacher or other administrative
5 staff members member of the school or the central staff of a parish or city school
6 board shall attempt, directly or indirectly, to influence, alter, or otherwise affect the
7 grade received by a student from his teacher except as otherwise specifically
8 permitted by this Section.
9 * * *
10 §416.8. Discipline policy review committees; school option
11 A.(1)(a) Each city and parish school board shall establish a discipline policy
12 review committee composed of sixteen members as follows:
13 * * *
14 (iii) Two guidance school counselors to be elected by their peers.
15 * * *
16 §1170. Definitions
17 As used in this Subpart, the words "teacher" or "teaching staff" shall include
18 any person employed by a city, parish, or other local public school board in the state
19 of Louisiana who holds a valid teaching certificate issued by the state Department
20 of Education and any social worker, guidance school counselor, school nurse,
21 audiologist, educational diagnostician, speech-language pathologist, or school
22 psychologist employed by a city, parish, or other local public school board in the
23 state who holds the appropriate valid professional ancillary certificate issued by the
24 state Department of Education. For a school nurse, a professional ancillary
25 certificate means a Type A, Type B, or Type C certificate.
26 * * *
27 §1200. Definitions
28 A. As used in this Subpart, except in R.S. 17:1201, the words "teacher" or
29 "teaching staff" shall include any member of the teaching staff of a public school in
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1 the state of Louisiana and any social worker, guidance school counselor, or school
2 psychologist employed by a city, parish, or other local public school board in the
3 state who holds, as applicable, a valid professional ancillary certificate in school
4 social work, guidance school counseling, or school psychology issued by the state
5 Department of Education.
6 B. As used in R.S. 17:1201, the words "teacher" or "teaching staff" shall
7 include any person employed by a city, parish, or other local public school board in
8 the state of Louisiana who holds a valid teaching certificate issued by the state
9 Department of Education and any social worker, guidance school counselor, or
10 school psychologist employed by a city, parish, or other local public school board
11 in the state who holds, as applicable, a valid professional ancillary certificate in
12 school social work, guidance school counseling, or school psychology issued by the
13 state Department of Education.
14 * * *
15 §2926. Student guidance and counseling; training and professional development
16 A. The State Board of Elementary and Secondary Education shall develop
17 a guidance and an advisement policy for the middle and high school grades that local
18 school districts can use to equip school guidance personnel counselors with the skills
19 and information needed to:
20 * * *
21 B.(1) The state Department of Education shall provide professional
22 development and in-service training opportunities to school guidance personnel
23 counselors regarding development of individual graduation plans.
24 * * *
25 CHAPTER 19. GUIDANCE SCHOOL COUNSELORS AND DIRECTORS
26 * * *
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1 §3002. Definition of terms
2 A. The terms "guidance school counselor," "guidance counseling director,"
3 and "practice of school guidance counseling" for the purposes of this Chapter shall
4 have the meaning respectively ascribed to them in this Section.
5 B. "Guidance "School counselor" is a member of the school faculty who by
6 training and background, is qualified to engage in educational and vocational
7 counseling and advisement. The purpose of a guidance school counselor is to help
8 students to arrive at their full potential through a process involving direct contact
9 between the counselor and a student, parents, teachers, school administrators and/or
10 others.
11 C. "Guidance "Counseling director" is a member of the school faculty who
12 functions as a guidance school counselor but has the following additional
13 responsibilities in the school system:
14 * * *
15 D.(1) The "practice of school guidance counseling" means the rendering,
16 offering to render, or supervising those who render to individuals or groups of pupils
17 within the elementary, secondary, and postsecondary schools, services involving the
18 application of counseling procedures for learning how to solve problems and make
19 decisions.
20 * * *
21 (3) A guidance school counselor shall devote not less than two-thirds of each
22 academic school year to the practice of school guidance counseling.
23 §3003. Authorization for employment
24 The Louisiana State Board of Elementary and Secondary Education is
25 authorized and directed to use these funds for the purpose of providing employment
26 for guidance school counselors and counseling directors in each parish and city city,
27 parish, or other local public school system.
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1 §3004. Selection and responsibility
2 The guidance school counselors and counseling directors shall be selected by
3 and be responsible to the local school officials in each parish and city city, parish,
4 or other local public school system.
5 §3005. Elementary school guidance counselors; availability; guidelines;
6 requirements; guidance counseling services; work time; exceptions;
7 reporting; funding
8 A. Each parish and city city, parish, or other local public school board shall
9 provide elementary school guidance counselors for all students in kindergarten
10 through grade six in the public elementary schools in the state in accordance with
11 guidelines as established by the State Board of Elementary and Secondary Education.
12 Such guidelines shall require that there shall be one guidance school counselor for
13 every four hundred students.
14 B. Any elementary school guidance counselor employed by a parish or city
15 school board pursuant to the provisions of this Section shall be certified as required
16 by the state of Louisiana.
17 C. Such guidance school counselors shall provide preventive and
18 developmental guidance counseling services to all public elementary school students
19 in kindergarten through grade six in order to prepare them for middle, junior, and
20 senior high school responsibilities and their social and physical development. In
21 providing such guidance counseling services, the counselors may:
22 * * *
23 D. Guidance School counselors shall spend the majority of their time on
24 providing direct counseling related to students.
25 E. Nothing in Subsection A of this Section shall prohibit any parish or city
26 school board from employing more elementary school guidance counselors than
27 provided in Subsection A.
28 * * *
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1 §3006. School guidance counselors; academic profiles; public high schools;
2 required
3 A. Each school guidance counselor, or the counselor's qualified designee,
4 employed in a public high school shall complete an academic profile for each student
5 in the ninth grade using an appropriate web-based student guidance counseling
6 system.
7 * * *
8 §3162. Statewide Articulation and Transfer Council; creation; purpose;
9 membership; duties and responsibilities
10 * * *
11 C. The council shall, with appropriate faculty consultation:
12 * * *
13 (8) Develop policies to align articulation and transfer policies established by
14 educational institutions including, but not limited to, admissions criteria, student
15 guidance and counseling, and grade forgiveness.
16 * * *
17 §3166. Student guidance and counseling
18 * * *
19 §3602. Definitions
20 As used in this Chapter, unless otherwise clearly indicated, these terms have
21 the following meanings:
22 * * *
23 (7) "Teacher" means any public school classroom teacher, librarian,
24 guidance school counselor, secondary vocational instructor, principal, assistant
25 principal, or other personnel for whom a valid Louisiana teaching certificate is
26 required for employment; any teacher in an institution which offers thirteenth and
27 fourteenth grade instruction; any speech therapist who possesses a valid Louisiana
28 ancillary certificate issued by the State Board of Elementary and Secondary
29 Education; and any instructor seeking to continue in the program who has been
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1 transferred from the Department of Public Safety and Corrections to vocational-
2 technical schools under the State Board of Elementary and Secondary Education.
3 * * *
4 Section 5. R.S. 18:116(A)(2)(a) is hereby amended and reenacted to read as follows:
5 §116. Voter registration agencies
6 A.
7 * * *
8 (2) In addition to the offices listed in Paragraph (1) of this Subsection, the
9 secretary of state shall designate by rule in accordance with the Administrative
10 Procedure Act other offices within the state as designated voter registration agencies.
11 Such offices may include but not be limited to:
12 (a) State or local governmental offices such as public libraries, public
13 schools, including the office of a secondary school guidance counselor, offices of
14 municipal clerks, and government revenue offices.
15 * * *
16 Section 6. R.S. 42:1119(B)(2)(a)(iv) is hereby amended and reenacted to read as
17follows:
18 §1119. Nepotism
19 * * *
20 B.
21 * * *
22 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection:
23 (a)
24 * * *
25 (iv) Any local school board in a parish with a population of twenty-five
26 thousand five hundred persons or less according to the most recent federal decennial
27 census may employ any member of the immediate family of any board member or
28 of the superintendent as a school guidance counselor provided that such family
29 member is certified as a guidance school counselor and that such family member is
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1 the only applicant who meets the qualifications for the position set by the school
2 board who has applied for the position after it has been advertised for at least thirty
3 days in the official journal of the parish and in all newspapers of general circulation
4 in the parish. Any school board member or superintendent whose immediate family
5 member is employed by the school board shall recuse himself from any decision
6 involving the promotion or assignment of such employee.
7 * * *
8 Section 7. The provisions of this Act shall not deem a certified "guidance counselor"
9unfit to serve as a "school counselor". Certification in "guidance counseling" shall remain
10valid for the purposes of fulfilling the duties of the position of a school counselor.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 156 Original 2021 Regular Session Freiberg
Proposed law provides for technical changes with respect to the terms "guidance counselor"
and "school counselor".
(Amends R.S. 11:701(33)(a)(ii)(aa), R.S. 14:403.1(B)(6), R.S. 15:1134(A), R.S.
17:7(27)(a)(ii)(aa), 7.2(A)(4), 24.1(K), 46(A)(1)(b), 392.1(E), 414.2(A), 416.8(A)(1)(a)(iii),
1170, 1200(A) and (B), 2926(A)(intro. para.) and (B)(1), the title of Ch. 19 of Title 17 of the
La. R.S., 3002(A), (B), (C)(intro. para.), and (D)(1) and (3), 3003, 3004, 3005(A), (B),
(C)(intro. para.), (D), and (E), 3006(A), 3162(C)(8), 3166(Section heading), and 3602(7),
R.S. 18:116(A)(2)(a), and R.S. 42:1119(B)(2)(a)(iv))
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