BILL NUMBER: S8169

SPONSOR: HAMILTON
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring a guidance
counselor in each elementary, intermediate, middle, junior high and
senior high school

 
PURPOSE & SUMMARY OF PROVISIONS:

This bill adds a new section 803-b to the Education Law to require at
least one full-time certified or licensed school guidance counselor in
any elementary, intermediate, middle or junior high school exclusive of
any school guidance counselors funded or mandated through special educa-
tion funding, aid, regulation, or statute.

This bill is amended by changing the date on line 6 in section 803-b to
read as follows: The board of education or trustees of every school
district in the state shall on and after July first, two thousand thir-
teen employ at least one certified or licensed school guidance counselor
in each of the schools under their jurisdiction exclusive of any school
              

guidance counselors funded or mandated through any special education
funding, aid, regulation or statute.

 
JUSTIFICATION:

New York State school children face numerous challenges both in and out
of the classroom every day. Today's children face daily temptations of
drugs and challenges posed by our complex urban environment that were
not as wide spread years ago, when ironically, guidance services were
routinely offered. Violence on the playground and the street can be a
commonplace reminder of abuse, both physical and emotional; that chil-
dren might be subject to at home. For many children it can be a struggle
to reach their potential academically, socially and emotionally. School
guidance counselors are prepared to assist students to address and
combat these challenges in a successful and positive way. In many cases,
guidance counselors can intervene early and help the student get the
support services needed to prevent any further hindrance to their
success. It is a sad reality that many children do not receive the early
intervention needed to prevent long-term problems and are often unneces-
sarily and inappropriately referred to special education. With the aid
of a school guidance counselor, many long-term problems can be averted.
Consequently, there will be fewer referrals to special education of
children who are not disabled but instead manifest certain behavioral
problems that the guidance counselor, along with the teacher, can help
resolve. This in turn, will certainly save the State and districts enor-
mously as unnecessary referrals to special education are prevented.
There are some school districts in New York State that fund not even one
school guidance counselor in the entire district, with the exception of
guidance counselors mandated for special education. In order for schools
to have an effective guidance program t hat meets the needs of their
large, diverse student populations, each school must be adequately
staffed by at least one certified or licensed school guidance counselor.

 
FISCAL IMPLICATIONS:

To be determined

 
LEGISLATIVE HISTORY:

1997/98: A7987C Referred to Education
1999/00: A126A Referred to Education
2001/02: A1962 Held in Ways and Means
2003/04: A3421A Held in Ways and Means
2005/06: A4647 Held in Education
2007/08: A4153 Referred to Education
2009/10: A4183 Referred to Education
2011/12:  A888 Held in Education
2013/14: A2981 Referred to Education
2015/16:  A5131 Referred to Education

 
EFFECTIVE DATE:
Immediately