ENROLLED
ACT No. 275
2021 Regular Session
HOUSE BILL NO. 156
BY REPRESENTATIVE FREIBERG
1 AN ACT
2 To 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.
11 Be 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
13 follows:
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 * * *
19 (33)(a) "Teacher", except as provided in Subparagraph (b) of this Paragraph,
20 shall mean any of the following:
21 * * *
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1 (ii)(aa) Any president, vice president, dean, teacher, guidance school
2 counselor, or unclassified employee at any state college or university or any
3 vocational-technical school or institution or special school under the control of the
4 State Board of Elementary and Secondary Education, or any educational institution
5 supported by and under the control of the state or any city, parish, or other local
6 school board.
7 * * *
8 Section 2. R.S. 14:403.1(B)(6) is hereby amended and reenacted to read as follows:
9 §403.1. Substance abuse in schools; definitions; confidential reports; immunity;
10 penalty
11 * * *
12 B. For the purposes of this Section, the following terms shall mean:
13 * * *
14 (6) "Substance Abuse Prevention Team," hereafter sometimes referred to as
15 "the team," is a panel of not less than six members consisting of at least one (a)
16 administrator, (b) teacher, (c) guidance school counselor, (d) parent representative,
17 and (e) school support person. The team shall be trained by personnel from the
18 Substance Abuse Prevention Education Program of the Louisiana Department of
19 Education. In the absence of the availability of a team trained by personnel from the
20 Substance Abuse Prevention Education Program, the principal of a school may
21 establish a substantially similar panel which shall be considered a substance abuse
22 prevention team.
23 * * *
24 Section 3. R.S. 15:1134(A) is hereby amended and reenacted to read as follows:
25 §1134. Staff and facilities of community rehabilitation centers
26 A. The Department of Corrections may employ psychiatrists, neurologists,
27 special educators, guidance school counselors, psychologists, nurses, technicians,
28 social workers, occupational therapists, physicians and other professional personnel
29 to staff community rehabilitation centers, or may contract for the services of such
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1 persons with community service organizations, religious groups, universities and
2 medical schools.
3 * * *
4 Section 4. R.S. 17:7(27)(a)(ii)(aa), 7.2(A)(4), 24.1(K), 46(A)(1)(b), 392.1(E),
5 414.2(A), 416.8(A)(1)(a)(iii), 1170, 1200(A) and (B), 2926(A)(introductory paragraph) and
6 (B)(1), the title of Chapter 19 of Title 17 of the Louisiana Revised Statutes of 1950,
7 3002(A), (B), (C)(introductory paragraph), and (D)(1) and (3), 3003, 3004, 3005(A), (B),
8 (C)(introductory paragraph), (D), and (E), 3006(A), 3162(C)(8), 3166(section heading), and
9 3602(7) are hereby amended and reenacted to read as follows:
10 §7. Duties, functions, and responsibilities of board
11 In addition to the authorities granted by R.S. 17:6 and any powers, duties, and
12 responsibilities vested by any other applicable laws, the board shall:
13 * * *
14 (27)(a)
15 * * *
16 (ii) The provisions of Item (I) of this Subparagraph shall not apply to the
17 following:
18 (aa) Interaction between a student and guidance school counselor as defined
19 in R.S. 17:3002.
20 * * *
21 §7.2. Approved teacher education programs
22 A. In carrying out its responsibility to prescribe the qualifications and
23 provide for the certification of teachers under authority of R.S. 17:7(6), the State
24 Board of Elementary and Secondary Education, subject to the constitutional power
25 and authority of the Board of Regents, the Board of Supervisors for the University
26 of Louisiana System, the Board of Supervisors of Louisiana State University and
27 Agricultural and Mechanical College, and the Board of Supervisors of Southern
28 University and Agricultural and Mechanical College, shall establish qualifications
29 and requirements for the approval of teacher education programs from which
30 graduates may be certified. The qualifications and requirements established by the
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1 State Board of Elementary and Secondary Education for an approved teacher
2 education program shall include but not be limited to the following:
3 * * *
4 (4) That the institution offering the program provide procedures for student
5 evaluation and counseling such that upon initial entry into the institution each
6 student shall be evaluated with respect to his aptitude and suitability for his intended
7 major academic field by a guidance school counselor assigned to the student in
8 accordance with procedures determined by the institution. The evaluation shall be
9 based upon the student's grade point average in high school, college entrance
10 examination, placement tests where applicable, and any other additional tests or
11 evaluative instruments deemed appropriate by the guidance school counselor. The
12 counselor shall advise the student concerning his aptitude and suitability for
13 particular fields of study, based on his findings from all such tests and instruments.
14 No student shall be required to expend any funds for the administration or taking of
15 any test or evaluative instrument or to take any test or be evaluated by any
16 instrument either of which the student deems invasive of his privacy. Evaluation and
17 counseling shall place particular emphasis on aptitude and suitability for teaching in
18 the case of any student indicating his intention to follow a teacher education
19 curriculum.
20 * * *
21 §24.1. State Department of Education; in-service training programs
22 * * *
23 K. The state superintendent, through the Regional Service Centers, shall
24 make available to teachers and guidance school counselors, in-service training in
25 current techniques of classroom management and discipline and in the current
26 techniques of counseling and advisement practices.
27 * * *
28 §46. Sabbatical leave program
29 A.(1)
30 * * *
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1 (b) As used in this Subpart, the words "teacher" or "teaching staff" shall
2 include any social worker, guidance school counselor, school nurse, audiologist,
3 educational diagnostician, speech-language pathologist, or school psychologist
4 employed by a special school who holds the appropriate valid professional ancillary
5 certificate issued by the state Department of Education and who has served in the
6 Special School District for the number of years required for probationary teachers
7 to attain tenure. For a school nurse, a professional ancillary certificate means a Type
8 A, Type B, or Type C certificate.
9 * * *
10 §392.1. Screening and intervention; purpose; applicability; city and parish school
11 system, duties
12 * * *
13 E. The screenings required by this Section shall be done directly by
14 elementary guidance school counselors, pupil appraisal personnel, teachers, or any
15 other professional employees of the school system who have been appropriately
16 trained, all of whom shall operate as advocates for the children identified as needing
17 services or assistance pursuant to this Part. No screenings shall be done by persons
18 who have not been trained to do such screenings, consistent with the requirements
19 established for such training by the State Board of Elementary and Secondary
20 Education.
21 * * *
22 §414.2. Influence by superintendent, principals, and others on student grades;
23 board's duty; limitations on grade changes
24 A. No school board member, school superintendent, assistant superintendent,
25 principal, guidance school counselor, other teachers, teacher or other administrative
26 staff members member of the school or the central staff of a parish or city school
27 board shall attempt, directly or indirectly, to influence, alter, or otherwise affect the
28 grade received by a student from his teacher except as otherwise specifically
29 permitted by this Section.
30 * * *
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1 §416.8. Discipline policy review committees; school option
2 A.(1)(a) Each city and parish school board shall establish a discipline policy
3 review committee composed of sixteen members as follows:
4 * * *
5 (iii) Two guidance school counselors to be elected by their peers.
6 * * *
7 §1170. Definitions
8 As used in this Subpart, the words "teacher" or "teaching staff" shall include
9 any person employed by a city, parish, or other local public school board in the state
10 of Louisiana who holds a valid teaching certificate issued by the state Department
11 of Education and any social worker, guidance school counselor, school nurse,
12 audiologist, educational diagnostician, speech-language pathologist, or school
13 psychologist employed by a city, parish, or other local public school board in the
14 state who holds the appropriate valid professional ancillary certificate issued by the
15 state Department of Education. For a school nurse, a professional ancillary
16 certificate means a Type A, Type B, or Type C certificate.
17 * * *
18 §1200. Definitions
19 A. As used in this Subpart, except in R.S. 17:1201, the words "teacher" or
20 "teaching staff" shall include any member of the teaching staff of a public school in
21 the state of Louisiana and any social worker, guidance school counselor, or school
22 psychologist employed by a city, parish, or other local public school board in the
23 state who holds, as applicable, a valid professional ancillary certificate in school
24 social work, guidance school counseling, or school psychology issued by the state
25 Department of Education.
26 B. As used in R.S. 17:1201, the words "teacher" or "teaching staff" shall
27 include any person employed by a city, parish, or other local public school board in
28 the state of Louisiana who holds a valid teaching certificate issued by the state
29 Department of Education and any social worker, guidance school counselor, or
30 school psychologist employed by a city, parish, or other local public school board
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1 in the state who holds, as applicable, a valid professional ancillary certificate in
2 school social work, guidance school counseling, or school psychology issued by the
3 state Department of Education.
4 * * *
5 §2926. Student guidance and counseling; training and professional development
6 A. The State Board of Elementary and Secondary Education shall develop
7 a guidance and an advisement policy for the middle and high school grades that local
8 school districts can use to equip school guidance personnel counselors with the skills
9 and information needed to:
10 * * *
11 B.(1) The state Department of Education shall provide professional
12 development and in-service training opportunities to school guidance personnel
13 counselors regarding development of individual graduation plans.
14 * * *
15 CHAPTER 19. GUIDANCE SCHOOL COUNSELORS AND DIRECTORS
16 * * *
17 §3002. Definition of terms
18 A. The terms "guidance school counselor," "guidance counseling director,"
19 and "practice of school guidance counseling" for the purposes of this Chapter shall
20 have the meaning respectively ascribed to them in this Section.
21 B. "Guidance "School counselor" is a member of the school faculty who by
22 training and background, is qualified to engage in educational and vocational
23 counseling and advisement. The purpose of a guidance school counselor is to help
24 students to arrive at their full potential through a process involving direct contact
25 between the counselor and a student, parents, teachers, school administrators and/or
26 others.
27 C. "Guidance "Counseling director" is a member of the school faculty who
28 functions as a guidance school counselor but has the following additional
29 responsibilities in the school system:
30 * * *
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1 D.(1) The "practice of school guidance counseling" means the rendering,
2 offering to render, or supervising those who render to individuals or groups of pupils
3 within the elementary, secondary, and postsecondary schools, services involving the
4 application of counseling procedures for learning how to solve problems and make
5 decisions.
6 * * *
7 (3) A guidance school counselor shall devote not less than two-thirds of each
8 academic school year to the practice of school guidance counseling.
9 §3003. Authorization for employment
10 The Louisiana State Board of Elementary and Secondary Education is
11 authorized and directed to use these funds for the purpose of providing employment
12 for guidance school counselors and counseling directors in each parish and city city,
13 parish, or other local public school system.
14 §3004. Selection and responsibility
15 The guidance school counselors and counseling directors shall be selected by
16 and be responsible to the local school officials in each parish and city city, parish,
17 or other local public school system.
18 §3005. Elementary school guidance counselors; availability; guidelines;
19 requirements; guidance counseling services; work time; exceptions;
20 reporting; funding
21 A. Each parish and city city, parish, or other local public school board shall
22 provide elementary school guidance counselors for all students in kindergarten
23 through grade six in the public elementary schools in the state in accordance with
24 guidelines as established by the State Board of Elementary and Secondary Education.
25 Such guidelines shall require that there shall be one guidance school counselor for
26 every four hundred students.
27 B. Any elementary school guidance counselor employed by a parish or city
28 school board pursuant to the provisions of this Section shall be certified as required
29 by the state of Louisiana.
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1 C. Such guidance school counselors shall provide preventive and
2 developmental guidance counseling services to all public elementary school students
3 in kindergarten through grade six in order to prepare them for middle, junior, and
4 senior high school responsibilities and their social and physical development. In
5 providing such guidance counseling services, the counselors may:
6 * * *
7 D. Guidance School counselors shall spend the majority of their time on
8 providing direct counseling related to students.
9 E. Nothing in Subsection A of this Section shall prohibit any parish or city
10 school board from employing more elementary school guidance counselors than
11 provided in Subsection A.
12 * * *
13 §3006. School guidance counselors; academic profiles; public high schools;
14 required
15 A. Each school guidance counselor, or the counselor's qualified designee,
16 employed in a public high school shall complete an academic profile for each student
17 in the ninth grade using an appropriate web-based student guidance counseling
18 system.
19 * * *
20 §3162. Statewide Articulation and Transfer Council; creation; purpose;
21 membership; duties and responsibilities
22 * * *
23 C. The council shall, with appropriate faculty consultation:
24 * * *
25 (8) Develop policies to align articulation and transfer policies established by
26 educational institutions including but not limited to admissions criteria, student
27 guidance and counseling, and grade forgiveness.
28 * * *
29 §3166. Student guidance and counseling
30 * * *
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1 §3602. Definitions
2 As used in this Chapter, unless otherwise clearly indicated, these terms have
3 the following meanings:
4 * * *
5 (7) "Teacher" means any public school classroom teacher, librarian,
6 guidance school counselor, secondary vocational instructor, principal, assistant
7 principal, or other personnel for whom a valid Louisiana teaching certificate is
8 required for employment; any teacher in an institution which offers thirteenth and
9 fourteenth grade instruction; any speech therapist who possesses a valid Louisiana
10 ancillary certificate issued by the State Board of Elementary and Secondary
11 Education; and any instructor seeking to continue in the program who has been
12 transferred from the Department of Public Safety and Corrections to vocational-
13 technical schools under the State Board of Elementary and Secondary Education.
14 * * *
15 Section 5. R.S. 18:116(A)(2)(a) is hereby amended and reenacted to read as follows:
16 §116. Voter registration agencies
17 A.
18 * * *
19 (2) In addition to the offices listed in Paragraph (1) of this Subsection, the
20 secretary of state shall designate by rule in accordance with the Administrative
21 Procedure Act other offices within the state as designated voter registration agencies.
22 Such offices may include but not be limited to:
23 (a) State or local governmental offices such as public libraries, public
24 schools, including the office of a secondary school guidance counselor, offices of
25 municipal clerks, and government revenue offices.
26 * * *
27 Section 6. R.S. 42:1119(B)(2)(a)(iv) is hereby amended and reenacted to read as
28 follows:
29 §1119. Nepotism
30 * * *
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1 B.
2 * * *
3 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection:
4 (a)
5 * * *
6 (iv) Any local school board in a parish with a population of twenty-five
7 thousand five hundred persons or less according to the most recent federal decennial
8 census may employ any member of the immediate family of any board member or
9 of the superintendent as a school guidance counselor provided that such family
10 member is certified as a guidance school counselor and that such family member is
11 the only applicant who meets the qualifications for the position set by the school
12 board who has applied for the position after it has been advertised for at least thirty
13 days in the official journal of the parish and in all newspapers of general circulation
14 in the parish. Any school board member or superintendent whose immediate family
15 member is employed by the school board shall recuse himself from any decision
16 involving the promotion or assignment of such employee.
17 * * *
18 Section 7. The provisions of this Act shall not deem a certified "guidance counselor"
19 unfit to serve as a "school counselor". Certification in "guidance counseling" shall remain
20 valid for the purposes of fulfilling the duties of the position of a school counselor.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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