MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education; Appropriations A By: Representative Scott House Bill 286 AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ALLOCATION OF FUNDS UNDER THE MISSISSIPPI STUDENT FUNDING FORMULA FOR THE PURPOSE OF EMPLOYING ELEMENTARY PROFESSIONAL SCHOOL COUNSELORS; TO REQUIRE THE FUNDS TO BE ALLOCATED TO THOSE SCHOOL DISTRICTS HAVING THE HIGHEST DOCUMENTED NEED FOR COUNSELORS; TO PROVIDE AN ADDITIONAL ALLOCATION OF FUNDS IN EACH SUBSEQUENT FISCAL YEAR UNTIL EACH ELEMENTARY SCHOOL HAS EMPLOYED AT LEAST ONE PROFESSIONAL SCHOOL COUNSELOR; TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO EMPLOY A SUPERVISOR OF PROFESSIONAL SCHOOL COUNSELORS; TO AMEND SECTION 37-151-209, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 37-9-79, Mississippi Code of 1972, is amended as follows: 37-9-79. (1) Beginning with the 2025-2026 school year, in addition to other funds allocated under the Mississippi Student Funding Formula, each school district must be allotted sufficient funding to employ one (1) elementary professional school counselor, with funding for an additional elementary professional school counselor to be allocated per fiscal year until each elementary school in the school district has one (1) state-funded professional school counselor. If sufficient funding is not appropriated for each school district to employ an elementary school counselor, the State Department of Education shall allocate those funds to school districts accredited at the three (3) lowest levels, as defined by the State Board of Education, which have the greatest need for counselors, as determined by records of the department and the Division of Youth Services of the Department of Human Services which reflect those school districts having the highest incidences of crime and violence, free lunch participation and dropouts. Until the time that there is a professional school counselor in every elementary school at a counselor:student ratio of 1:500 or greater, the annual appropriation for elementary professional school counselors may not be reduced. (2) The State Department of Education may increase the number of positions funded each year beyond the requirements established under subsection (1) as funds for employing elementary professional school counselors are made available. ( * * *13) * * *Beginning with the 2014â2015 school year, The assignment of * * * Kâ12professional school counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions: (a) The counselor:student ratio in elementary schools may be no less than 1:500, or one (1) professional school counselor per school building, whichever is greater. ( * * *ab) No individual shall be employed as a professional school counselor without a minimum of a Master's Degree in Guidance and Counseling, or in an emergency situation, an appropriate certification as determined by the Commission on Teacher and Administrator Education, Certification and Licensure and Development; and ( * * *bc) Professional school counselors shall provide the following comprehensive counseling services: (i) Academic and personal/social counseling; (ii) Use of multiple student data sources to help students make informed academic and career choices; (iii) Career and educational counseling; (iv) Individual and group counseling (large/small); (v) Crisis intervention and preventive counseling; (vi) Referrals to community agencies; (vii) Educational consultations and collaboration with teachers, administrators, parents and community leaders; (viii) Educational and career placement services; (ix) Follow-up counseling services; (x) Conflict resolution; and (xi) Professional school counselors must spend a minimum of eighty percent (80%) of their contractual time to the delivery of services to students as outlined by the American School Counselor Association. Delivery of services is the direct service provided to students, parents, school staff and the community which * * *are consists of interaction between professional school counselors and students. These direct services may include the delivery of the following: 1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school's overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided. 2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans. 3. Responsive services: Responsive services are designed to meet students' immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, or crisis responses. 4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors' interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations. (4) To qualify for total funding formula funds, professional school counselors must: (a) Be full-time professional personnel; (b) Spend at least eighty percent (80%) of work time in a direct counseling relationship with students; and (c) Devote no more than one-fifth (1/5) of the work day to administrative activities that are counselor related. (5) This section does not prohibit any school district from employing with local funds more elementary professional school counselors than are provided for in this section. (6) The State Department of Education shall employ a supervisor of professional school counselors who holds certification as a professional school counselor. The supervisor's responsibilities must include the oversight of the new elementary counseling programs as well as existing secondary programs. ( * * *27) Professional school counselors shall abide by the American School Counselor Association Code of Ethics. ( * * *38) The State * * * DepartmentBoard of Education may adopt regulations regarding the activities of the professional school counselor * * *as, and the professional school counselor may perform any services that are not inconsistent with this section and the regulations adopted by the board. SECTION 2. Section 37-151-209, Mississippi Code of 1972, is amended as follows: 37-151-209. (1) Allocations to school districts or charter schools made by the State Department of Education on the basis of the count of students in student categories established for the purpose of applying various weights under Sections 37-151-200 through 37-151-215 are intended only to generate total appropriation amounts for school funding. Except as otherwise required by applicable state or federal law or by applicable rules, regulations, policies, or order of the State Board of Education and the State Department of Education, a school district or charter school may exercise full autonomy in the spending of all funds allocated under the formula to the district or charter school so long as funds are expended in the manner determined by the school board or governing board to best meet the needs of the student population of the school district or charter school. (2) The State Department of Education shall allocate additional funds under the total funding formula to each school district for purposes of employing elementary professional school counselors, as provided for in Section 37-9-79. SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education; Appropriations A
By: Representative Scott
# House Bill 286
AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ALLOCATION OF FUNDS UNDER THE MISSISSIPPI STUDENT FUNDING FORMULA FOR THE PURPOSE OF EMPLOYING ELEMENTARY PROFESSIONAL SCHOOL COUNSELORS; TO REQUIRE THE FUNDS TO BE ALLOCATED TO THOSE SCHOOL DISTRICTS HAVING THE HIGHEST DOCUMENTED NEED FOR COUNSELORS; TO PROVIDE AN ADDITIONAL ALLOCATION OF FUNDS IN EACH SUBSEQUENT FISCAL YEAR UNTIL EACH ELEMENTARY SCHOOL HAS EMPLOYED AT LEAST ONE PROFESSIONAL SCHOOL COUNSELOR; TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO EMPLOY A SUPERVISOR OF PROFESSIONAL SCHOOL COUNSELORS; TO AMEND SECTION 37-151-209, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-79, Mississippi Code of 1972, is amended as follows:
37-9-79. (1) Beginning with the 2025-2026 school year, in addition to other funds allocated under the Mississippi Student Funding Formula, each school district must be allotted sufficient funding to employ one (1) elementary professional school counselor, with funding for an additional elementary professional school counselor to be allocated per fiscal year until each elementary school in the school district has one (1) state-funded professional school counselor. If sufficient funding is not appropriated for each school district to employ an elementary school counselor, the State Department of Education shall allocate those funds to school districts accredited at the three (3) lowest levels, as defined by the State Board of Education, which have the greatest need for counselors, as determined by records of the department and the Division of Youth Services of the Department of Human Services which reflect those school districts having the highest incidences of crime and violence, free lunch participation and dropouts. Until the time that there is a professional school counselor in every elementary school at a counselor:student ratio of 1:500 or greater, the annual appropriation for elementary professional school counselors may not be reduced.
(2) The State Department of Education may increase the number of positions funded each year beyond the requirements established under subsection (1) as funds for employing elementary professional school counselors are made available.
( * * *13) * * *Beginning with the 2014â2015 school year, The assignment of * * * Kâ12professional school counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:
(a) The counselor:student ratio in elementary schools may be no less than 1:500, or one (1) professional school counselor per school building, whichever is greater.
( * * *ab) No individual shall be employed as a professional school counselor without a minimum of a Master's Degree in Guidance and Counseling, or in an emergency situation, an appropriate certification as determined by the Commission on Teacher and Administrator Education, Certification and Licensure and Development; and
( * * *bc) Professional school counselors shall provide the following comprehensive counseling services:
(i) Academic and personal/social counseling;
(ii) Use of multiple student data sources to help students make informed academic and career choices;
(iii) Career and educational counseling;
(iv) Individual and group counseling (large/small);
(v) Crisis intervention and preventive counseling;
(vi) Referrals to community agencies;
(vii) Educational consultations and collaboration with teachers, administrators, parents and community leaders;
(viii) Educational and career placement services;
(ix) Follow-up counseling services;
(x) Conflict resolution; and
(xi) Professional school counselors must spend a minimum of eighty percent (80%) of their contractual time to the delivery of services to students as outlined by the American School Counselor Association. Delivery of services is the direct service provided to students, parents, school staff and the community which * * *are consists of interaction between professional school counselors and students. These direct services may include the delivery of the following:
1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school's overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided.
2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans.
3. Responsive services: Responsive services are designed to meet students' immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, or crisis responses.
4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors' interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations.
(4) To qualify for total funding formula funds, professional school counselors must:
(a) Be full-time professional personnel;
(b) Spend at least eighty percent (80%) of work time in a direct counseling relationship with students; and
(c) Devote no more than one-fifth (1/5) of the work day to administrative activities that are counselor related.
(5) This section does not prohibit any school district from employing with local funds more elementary professional school counselors than are provided for in this section.
(6) The State Department of Education shall employ a supervisor of professional school counselors who holds certification as a professional school counselor. The supervisor's responsibilities must include the oversight of the new elementary counseling programs as well as existing secondary programs.
( * * *27) Professional school counselors shall abide by the American School Counselor Association Code of Ethics.
( * * *38) The State * * * DepartmentBoard of Education may adopt regulations regarding the activities of the professional school counselor * * *as, and the professional school counselor may perform any services that are not inconsistent with this section and the regulations adopted by the board.
SECTION 2. Section 37-151-209, Mississippi Code of 1972, is amended as follows:
37-151-209. (1) Allocations to school districts or charter schools made by the State Department of Education on the basis of the count of students in student categories established for the purpose of applying various weights under Sections 37-151-200 through 37-151-215 are intended only to generate total appropriation amounts for school funding. Except as otherwise required by applicable state or federal law or by applicable rules, regulations, policies, or order of the State Board of Education and the State Department of Education, a school district or charter school may exercise full autonomy in the spending of all funds allocated under the formula to the district or charter school so long as funds are expended in the manner determined by the school board or governing board to best meet the needs of the student population of the school district or charter school.
(2) The State Department of Education shall allocate additional funds under the total funding formula to each school district for purposes of employing elementary professional school counselors, as provided for in Section 37-9-79.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.